- CL hereby appoints you as its authorized Business Partner on non-exclusive basis for the Term as stated below for the following limited purpose:
- Market and Sell the CL Products to any prospective Customers(as defined below);
- The term "Product" shall mean the test prep programs as listed on E-Centre on the official website of CL. The CL reserves the right to withdraw any products or refrain the Business Partner to market and sell any specific product with prior notice of seven (7) days without assigning any reason thereof.
- The term "Customer" means any individual student desirous of buying products of the CL due to the efforts, help and assistance from the Business Partner via the official web portal of CL.
- "Business Partner" means an Authorized associate set up by the CL for local marketing, sales, and student support and their services include administration, coordination and follow up on behalf of student, as stipulated by the CL and based on which it is authorized by the CL for the purpose of advising, for rendering any assistance or related services, required by the students of CL.
- NON-EXCLUSIVITY & NON-COMPETE : The Company reserves the right to enter into similar arrangement with any other individual / company / organization on any terms desirable to the Company and hence this contract is Non-exclusive. The Business Partner agrees and acknowledges that for the Term it shall not engage in any manner whatsoever with a Competitor of the Company for similar relationship of cross selling of similar products like of the CL to any of the Customer as defined above.
- OBLIGATIONS OF THE Business Partner
- Initial Charges: The Business Partner agrees to pay to the CL an amount as determined from time to time as the charges for the start-up activities for the purpose of initiation and for rendering the pre-commencement training.
- Sub-Contracting The Business Partner shall not enter into any arrangements with any other person with a view to delegating its Services and the rights granted to it under this Agreement.
- MARKETING CL PRODUCTS : The Business Partner shall adhere to the guidelines and regulations defined by CL for digital marketing, use and implementation of social media networks such as Facebook, Linkedin, Youtube,Instagram, Twitter, various blogs etc and seek prior written approval from CL before creation and use of any such social media in the name of CL. The Business Partner shall not undertake to advertise on any online platform, websites etc and implement any digital campaigns till the time prior formal written approval is sought from CL. The logo or other mark of the CL may only be used with the approval of the CL and shall always be used in the format prescribed by CL.
- The Business Partner shall not make any over commitment and /or false commitment to the students in any regard. Career Launcher shall not be liable in any manner for any false commitments made by the Business Partner.
- The Business Partner must have uploaded the student data via his log-in account prior to the student enrolment to be entitled for share on the enrolment of the referred student.
- The payment of the referral amount shall be made by Career Launcher to the Business Partner through cheque/RTGS/IMPS on the fee paid by the student at the time of enrolment.
- Career Launcher will have sole discretion regarding the discounts or any promotional offers to be given to the students at the time of enrolment.
- Career Launcher shall provide the basic Promotional Literature, In-House posters, Banners and other marketing material to the Business Partner at no cost. The quantity of same will be at the discretion of Career Launcher. Career Launcher shall not be liable for any other inside & outside marketing expenses or any other expenses of whatsoever nature incurred by Business Partner.
- Business Partner shall be permitted to publicize the brand and name of Career Launcher outside its office and / or center as per the prescribed guidelines by Career Launcher from time to time.
- All the payments due or accrued shall be made by Career Launcher to the Business Partner once the batch starts and the students start attending classes. In case a student applies for refund and the same is admissible to the student, the Business Partner shall refund the referral amount paid for the said student by Career Launcher within 15 days of the student refund to Career Launcher. CL reserves the right to adjust the said amount from any current due or future payable amounts to Business Partner.
- Arbitration: All disputes and differences of whatsoever nature arising out of this Agreement, barring any disputes arising out of infringement of Intellectual Property Rights and / or breach of Confidentiality, whether during its term or after expiry thereof or prior termination shall be referred to arbitration in terms of the Arbitration and Conciliation Act 1996, to be conducted by a sole arbitrator who shall be mutually appointed by the Parties. The decision of the arbitrator shall be final and binding on the Parties. The venue of arbitration shall be Delhi. The Sole Arbitrator shall follow summary procedure while adjudicating the dispute(s) referred to him.
- TERM AND TERMINATION : The term of this Agreement commences from the date Security Fee payment is realized by CL , and shall continue for a period of one (1) year ("Term"). After the expiry of the Term, the Parties may renew their relationship on mutually agreeable terms and conditions. This relationship can be terminated by either party with the written notice of 15 days in writing, through registered post.