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THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND EDUCRON PRIVATE LIMITED, AN INDIAN COMPANY LOCATED IN NAGPUR, MAHARASHTRA AND owns the myonlineshiksha.com (“MYONLINESHIKSHA”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE RESELLER TERMS AND CONDITIONS (“RESELLER TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE RESELLER TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
Any version of these Reseller Terms in a language other than English is provided for convenience and You understand and agree that the English language will control if there is any conflict.
All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in MyOnlineShiksha’s Terms of Use or the Knowledge Partnership Agreement.
These Reseller Terms contain the complete terms and conditions that apply to You when becoming a Reseller in MyOnlineShiksha’s Reseller program (the “Reseller Program”). The purpose of these Reseller Terms is to allow You to make Reseller commissions through sales generated from Your Shop or Website to Our website www.myonlineshiksha.com, selling subscriptions for online courses in the manner set forth herein.
(a) Application Completion. If You have not already done so, You need to complete an application to the Reseller Program (the “Application”). You need to identify Your shop for selling the courses published in myonlineshiksha.com or Your website, describe how You plan to promote MyOnlineShiksha’s Services on Your website and provide certain contact information. The Application can be found at https://myonlineshiksha.com/become-a-reseller
(b) Acceptance of Your Application. If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that We may accept or reject Your Application at Our sole discretion. Your application will be rejected if any of the information You provide is incorrect or incomplete, if Your website promotes materials of a sexual, pornographic, violent, or defamatory nature, if You or Your shop and/or website discriminate, violate any applicable law, or violate any person’s intellectual property rights, or for any other reason We may deem fit to reject Your Application.
(c) Access to our Reseller Program. If We have accepted Your Application, We will send You a welcome email with Your login details so that You may enter Our secure Reseller dashboard panel. From this dashboard panel, You will be able to download Promotional Materials and qualifying links as well as access Your reports which will describe Our calculation of the Reseller commissions due to You. It is Your responsibility to keep your username and password information secure. For purposes of clarity, Promotional Materials is defined as banners, text links, article copy, and access to data feeds.
(d) You will ensure that your information including your email address is at all times complete, accurate and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
As a member of Our Reseller Program, You represent, warrant, and covenant that You will:
Display our posters/Banner in Your Business Premises: If you are selling our courses in cash from your business premises, then you should prominently exhibit MyOnlineShiksha’s posters along which are also having your specific QR Codes and Business Name, displayed.
Settlement of Payment: You may collect cash for selling the courses ( by generating the coupon codes from your dashboard panel) and you will earn a commission for the sales happening in cash or online(through your Reseller links and promotional articles). All these payment “due to you” or “due to us”, will be displayed in the Settlements page of the Reseller Dashboard Panel. These settlements have to be done fortnightly ( every 15 days).
Link to Our Services. You will implement the links, banners, and other means of linking Your website to Our Services (collectively, “Reseller Links”) pursuant to the referral specifications set forth on the Reseller Program. On this page You will be able to download certain technical materials, including links, QR code, banner ads, copy and other content, and any documentation for the foregoing (collectively, “Reseller Materials”). When Our customers click through the Referral Links to purchase an item on the MyOnlineShiksha site, you can receive commissions for qualifying purchases as described in Reseller Commissions.
Maintain Your Site: The maintenance and the updating of Your website will be Your responsibility. MyOnlineShiksha will notify you via email of any changes to these Terms and our Referral Materials. However, as a member of Our Reseller Program and because Our information is updated often, it will be necessary for You to update the Referral Materials on Your website to maintain consistency and accuracy between Our Services and the Referral Specifications.
Follow and Comply with All Copyright Laws: It is entirely Your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your website. We will not be responsible if You use another person's copyrighted material in violation of the law.
Not to solicit Our Instructors: As a member of Our Reseller Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our Instructors to upload their MyOnlineShiksha Course(s) on Your websites and/or platforms, or otherwise alter, terminate or breach their contractual or other business relationship with Us.
As a member of Our Reseller Program, You understand and agree that:
(a) We Can Visit Your Business Premises: For the sake of understanding the market trend and your issues vis-à-vis Selling our courses, we may visit you from time to time and take your feedback. You are thus requested to co-operate with our visiting executive and may advise you regarding the Reselling of the online courses of MyOnlineShiksha.
(b) We Can Monitor Your Site: You hereby give Us the right to monitor your website at any time to determine if You are following these Reseller Terms and to notify You of any changes We feel You should make to remain in compliance. Further, You must comply with any requests we make for you to take down specific content from your website. Failure to comply is a violation of these Terms and grounds for termination of Your Reseller status.
(c) We Determine the Policies for Referred Customers: Persons who become customers of Our Services through referrals made in the Reseller Program will be considered Our customers, at Our sole discretion. Our terms, rules, policies, and operating procedures that apply to Our Users will apply to such referred customers. We may change Our terms, rules, policies, and operating procedures at any time, as further described in Our Terms of Use and Our other terms as we may post from time to time
(d) You will not promote MyOnlineShiksha through paid advertising or media buying that leads directly to the MyOnlineShiksha website (found at www.MyOnlineShiksha.com). You will not bid on MyOnlineShiksha-branded keywords as a Reseller. This applies to all advertising platforms and to all Resellers unless direct approval from MyOnlineShiksha is granted.
(e) You will not use Our company name or variations of Our company name in your Domain Names or Social Media pages: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as a Reseller. Additionally, you may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages (i.e. Facebook Fan Page) where You run promotions as a Reseller.
(f) You will be Responsible for Your Business Premises and Website’s Content: You may not promote Our content and Our Instructors’ courses on a website that contains any form of misleading, defamatory, obscene, illegal, bigoted, pornographic or any other content deemed offensive by Us. Similarly, you must not sell our courses( by displaying our poster with your QR Code) on the premises of yours which sells any contraband or illegal merchandise.
(g) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the MyOnlineShiksha site, whether by way of a robot or software program or otherwise.
(h) You will not mimic Our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of the MyOnlineShiksha website or create the impression that Your media is part of Our company's website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given course landing page.
(i) You will be Responsible for Your use of content found on Our Site. You may create your own promotional materials using pages from our site as a reference. You may also use course images and part of the text in Our pages to promote the products accurately on Your site. However, You may NOT download, copy, or use video content (free or paid), course supplementary materials (PDFs, quizzes or extra material), or lesson descriptions and upload them on Your own site(s). Violation of this provision may result in the immediate termination of Your Reseller account.
(j) You will not use spyware, malware, virus and the like: You may not include on your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, or virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic devices.
(k) You will be open and honest about Your relationship to Us: You may not misrepresent or embellish the relationship between you and MyOnlineShiksha or imply any relationship or affiliation between you and MyOnlineShiksha or any other person or entity except as expressly permitted by this Reseller Agreement. You may not represent yourself as an agent or employee of MyOnlineShiksha or represent that you have the authority to bind MyOnlineShiksha to a contract.
(l) You cannot utilize a browser extension to promote MyOnlineShiksha or MyOnlineShiksha courses without direct approval from MyOnlineShiksha. All coupon codes available in the extension must be approved by MyOnlineShiksha. You also understand and agree that your browser extension cannot allow users to upload new coupons into the extension's feed.
(m) You will not earn commissions for free courses: Our site contains paid and free courses. Any customer You refer to Us that subsequently enrolls in a free course or uses a 'free promo code' to get a paid course for free will not be eligible to earn You a commission and that particular sale will not appear on Your Reseller account. We will terminate the account of Resellers who only promote free courses or Resellers who promote primarily free courses.
(n) You will be mindful of who You do business with: You may not use marketing practices that attract fake customers. We, in our sole discretion, will make the determination whether someone is a fake customer.
(o) You will not make your sub-Resellers: You do not have the right to work with a sub-Reseller network.
(p) For MyOnlineShiksha employees who are also MyOnlineShiksha Resellers: You will make it clear you are a MyOnlineShiksha employee when promoting MyOnlineShiksha as a Reseller. As a MyOnlineShiksha employee, You agree to clearly state in all promotional posts or promotions containing MyOnlineShiksha Reseller links Your employee and Reseller relationship with MyOnlineShiksha via a disclaimer.
These Reseller Terms will begin and become effective upon Our acceptance of Your Application.
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn Reseller commissions through Referrals (as defined in section (i) below) during the term of these Reseller Terms, according to the calculation described below.
(b) Amount pending: The exact amount of Reseller commissions due to You in any given time will be calculated in the following manner:
The Reseller commission is set by us and which is 15%, normally. A “Referral” is a paying customer that You refer from Your Business Premises or website to Our website using the Referral Materials in accordance with the Referral Specifications. Acceptance of a Referral as a User of Our Services shall be at Our sole discretion.
(c) Payment of Reseller commissions will be made on a fortnightly basis. Payments are disbursed according to the payment method You have selected in Your Reseller account. If Your account is terminated due to violation of these Reseller Terms, We reserve the right to withhold all future payments owed to You.
(d) Resellers are responsible for any and all charges, fees, taxes, surcharges and other expenses incurred in order to receive Reseller payments. Please check with your receiving banking institution to find out if any of these apply for your account.
(e) If We determine that payment of Reseller commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay Reseller commissions for any sales made in that jurisdiction.
(f) We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.
(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Reseller Terms. However, We are under no obligation to advertise, market, promote, or publicize.
(b) We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending our engagement under these Reseller Terms and Your Reseller status. Other than the license granted in these Reseller Terms, we each retain all right, title, and interest to our respective rights and no right, title, or interest is transferred to the other.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MYONLINESHIKSHA. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE RESELLER TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE RESELLER TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE RESELLER TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE RESELLER TERMS.
You agree to indemnify and hold harmless MyOnlineShiksha and its employees, representatives, agents, and Resellers, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Reseller Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.
MyOnlineShiksha or You can Each End Our Engagement Under these Reseller Terms: Either Us or You may end these Reseller Terms AT ANY TIME, with or without cause, by giving the other party written a notice. Written notice can be in the form of mail, email or fax.
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, for example We may change the scope of Referral Fees, payment procedures, and Reseller Program rules, or Referral Specifications or Referral Materials, and MyOnlineShiksha reserves the right in its sole discretion to modify and/or make changes to these Reseller Terms at any time, at Our sole discretion. If We make any material change to these Reseller Terms, You will receive an email notifying You that changes were made and prompting You to agree to Our new Reseller Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Resellers Program. Your continued access to Our Reseller platform will be contingent on Your acceptance of Our updated Reseller Terms. You should visit the myonlineshiksha.com regularly to ensure You are aware of any changes to the Reseller Terms, as any revised Reseller Terms shall supersede all previous Reseller Terms.
(a) You represent and warrant to Us that:
(i) These Reseller Terms constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Reseller Terms and to perform Your obligations under these Reseller Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Reseller Terms; and,
(iv) YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE RESELLER TERMS PRIOR TO ACCEPTING THESE RESELLER TERMS.
(b) Independent Contractors. Each of us shall be deemed to be independent contractors with respect to the subject matter of these Reseller Terms, and nothing contained in these Reseller Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether in your Business Premises, on your site or otherwise, that contradicts or may contract anything in this paragraph.
(c) Assignability. You may not assign Your rights or obligations under these Reseller Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Reseller Terms.
(d) Governing Laws. These Reseller Terms shall be governed by the substantive laws of the State of Maharashtra without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Maharashtra, India. Any dispute that may arise in connection with these Reseller Terms shall be resolved in accordance with our Terms of Use.
(e) You may not amend or waive any provision of these Reseller Terms unless in writing and signed by both of us.
(f) Entire Agreement. These Reseller Terms represent the entire agreement between Us and You and shall supersede all prior agreements and communications between us, oral or written.
(g) Headings and Titles. The headings and titles contained in these Reseller Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(h) Severability. If any provision of these Reseller Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Reseller Terms shall have full force and effect.
