By signing up to be an affiliate partner with AITS (Akshaya Information Technology Society,
Malappuram) in selling the CLAP My Skill Audit’s Career Mapping (the “Program”) you agree to be
bound by the following terms and conditions (the “Terms”).
These terms of use (the “Terms of Use”), constitute a legal and binding agreement (“Agreement”)
between You (hereinafter referred to as “You”, or “Your” or “User(s)”, AITS and CLAP Smart Learn
Pvt.Ltd (the “Company”), and provides, inter alia, the terms that govern Your access and use of the
Company’s website, Services and products.
Any violation of these Terms may result in, among other things, termination or suspension of your
rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during
the violation.
The programme is to promote Career Mapping programme with website address –
www.myskillaudit.com for which AITS is the associate partner with CLAP Smart Learn Pvt.Ltd
1) Account Registration & Terms
- You must provide your legal full name, a valid email address, and any other information
requested in order to complete the sign-up process for an Affiliate account (“account”)
- You must be 18 years of age or older to join this Program.
- Each account is for use by either a single legal entity (e.g. a company or a partnership) or an
individual user. We do not permit you to share your user name and password with any other
person nor with multiple users on a network. Responsibility for the security of any user names
and passwords issued (including those of any Invitees) rests with you.
- You may not use the Program for any illegal or unauthorized purpose. You must not, in the
use of the Program, violate any laws in your jurisdiction (including but not limited to copyright
laws).
2) Referral Links, Coupon Codes & Promotion
- Once you have signed up for the Program you will be provided with a URL link or Unique
registration code with special price, that must be used to identify you when placing a link or
post from your site, email, social media handles or direct purchase from the site and for other
communications directing to the My Skill Audit website page.
- You will be able to download the licence keys from your unique logins for which you have to
pay in advance in the website www.akshaya.net.in.
- You are not allowed to avail any credit facilities.
- You will be provided with posters which can be displayed at the physical premise of your
centre or any other suitable place which can promote the sales.
- We may also provide graphical images that can be used within the links to promote the
programme. You may not modify these images in any way apart from adding your number or
contact details. We reserve the right to change the images at any time without notice.
- You will be solely responsible for the development, operation, and maintenance of your site
(if any) and for all materials that appear on your site if you are using your website page/social
media or any other digital mediums for promotion.
- You may not use our name or graphics in any bulk email whatsoever unless we have given our
advanced written consent. We may terminate the Agreement if any meaningful spam
complaints naming us or our services result from your marketing activities.
- You may not issue any press release with respect to this Agreement or your participation in
the Program with our prior approval from AITS; such action may result in your termination
from the Program.
3) Non- Exclusivity
- This agreement does not create an exclusive relationship between you and us. You are free to
work with similar affiliate or influencer programme providers in a category which may not be
a direct competition of the same programme during the duration of the campaign
- This agreement imposes no restrictions on us to work with any individual or company we may
choose in any geographical location.
4) Fees and payment
- You can buy the user licences from the website www.akshaya.net.in buy making the payment
agreed between you and AITS.
- You are not allowed to sell the career mapping assessment – My Skill Audit at a price which is
more than INR.500/- to the end customer. The MRP of CLAP My Skill Audit’s Career Mapping
programme is fixed at INR.500/- within Kerala.
- Every payment will be verified based on real transactions.
- For any disputes as to pay-out, the company must be notified within thirty days of your receipt
of the pay-out. We will review each dispute notification as well as the underlying pay-out
transaction to which it is related. Disputes filed after thirty days will not be considered.
- All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind
imposed on your involvement in this Agreement and shall be the responsibility of, and payable
by you.
5) Customer Definition
- Every customer who buys a service through this program is deemed to be a customer of AITS
(Akshaya Information Technology Society) CLAP Smart Learn Pvt.Ltd. Accordingly, all of our
rules, policies, and operating procedures concerning pricing, customer orders, customer
service, and services sales will apply to those customers. We may change our policies and
operating procedures at any time. AITS & CLAP Smart Learn Pvt Ltd and the brand My Skill
Audit is not responsible for any representations made by the Affiliate that contradict our rules,
policies or operating procedures.
6) Pricing & Availability
- We will determine the prices to be charged for services sold under this Program in accordance
with our own pricing policies in discussion with CLAP Smart Learn Pvt.Ltd
- Programme prices and availability may vary from time to time which will be intimated by AITS
in advance to all the affiliates
- Any change in the price or availability of the programme will be informed to the
affiliate/influencer and Digital Franchise in prior through registered e-mail address.
7) Copyrighted and Trademarked material
- You are solely responsible for ensuring that your content, reviews, product descriptions and
articles (if applicable at your site or social media handles or display materials at centre) obey
all applicable copyright, trademark, and other laws. AITS, CLAP SMART Learn Pvt.Ltd or My
Skill Audit will not be responsible if you use another party's copyrighted or trademarked
material in violation of the law.
- CLAP Smart Learn and My Skill Audit will be solely responsible to ensure all content or creative
provided by them to post/share in your social media handles, physical premises or websites,
obey all applicable copyright, trade marl and other laws.
8) Acceptable Use
- You agree not to use the affiliate programme of My Skill Audit Programme or any programme
from AITS & CLAP Smart Learn Pvt.Ltd for any unlawful purpose or any purpose prohibited
under this agreement. You agree not to use the Affiliate Programme in any way that could
damage CLAP Smart Learn’s website, assessment, courses, other collaborative products,
services or general business of the company.
- You further agree not to use the affiliate programme To harass, abuse, threaten others or otherwise
violate any person’s legal rights.
- To violate any intellectual rights of the company or nay third party in relation to the campaign.
- To perpetrate any fraud
- To engage in or create any unlawful gambling, sweepstakes, or pyramid schemes.
- To publish or distribute any obscene or defamatory material
- To publish or distribute any material that incites violence, hate or discrimination towards any
group. Community, or gender
- To unlawfully gather information from others.
9) Relationship of Parties
- For affiliates
- You will have no authority to make or accept any offers or representations on our behalf which
is not in the purview of this agreement.
- You will not make any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Agreement.
- The employees of your centre belong to the affiliate/your centre and won’t be related to the
company.
10) Indemnification
You agree to defend and indemnify the company and its people and hold AITS and CLAP Smart Learn
harmless against any and all legal claims and demands which may arise from or relate to your use or
mis use of affiliate programme, your breach of agreement, or your conduct or actions.
11) Notice
- All notices given by you to us must be given to AITS at [email protected]
- We may give notice to you at the e-mail address you provided to us when registering.
- Notice will be deemed received and properly served 24 hours after an e-mail is sent.
- In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that
such e-mail was sent to the specified e-mail address of the addressee.
12) Events outside our control
-
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure
Event”).
13) Severability
- If any provision of this Agreement is determined to be invalid or unenforceable in whole or in
part, such invalidity or unenforceability shall attach only to such provision or part of such
provision and the remaining part of such provision and all other provisions of this Agreement
shall continue to be in full force and effect.
14) Termination
- Without limiting any other rights that Company may have, Company may remove, restrict,
cancel or suspend access to and/or use of the Platform, Services provided by the Company
and any part of it, if Company considers (in the sole discretion of Company) that You have
breached any of these Terms.
- You may also terminate your agreement with the Company by ceasing to access the Platform,
Service, deleting all copies of the Service or part thereof within your control. Termination shall
not affect any rights or remedies, which have accrued up to the time of termination.
- The licences keys which are purchased and available with the affiliate will not be refunded at
the time of termination.
15) Waiver
- No waiver of any terms of this agreement shall be treated as a further or continuing waiver of
such term or any other term and the Company’s failure to assert any right or provision under
this agreement shall not constitute a waiver of such right or provision.
16) Dispute Resolution and Governing Law
- This Agreement and any contractual obligation between AITS and You will be governed by the laws
of India, subject to the exclusive jurisdiction of courts at Kerala.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any
transactions or activities under this Agreement or your relationship with us or any of our
affiliates/Influencers/Digital Franchise shall be submitted to confidential arbitration in Malappuram,
Kerala, India
- All disputes will be subject to arbitration at Kerala in English by a single arbitrator appointed by You
and AITS under the Arbitration and Conciliation Act, 1996.
17) Disclaimer
- The Website My Skill Audit Dot Com and the programmes of CLAP Smart Learn Pvt.Ltd is provided
to You for promotion on “As Is” basis based on the MoU between AITS and CLAP Smart Learn Pvt.Ltd.
The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied,
including without limitation, warranties of fitness for particular purpose, title, non-infringement. In
addition, thereto the Company makes no representations, warranties or guarantees that:
- This Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses,
interference, hacking, other security intrusion,
- The use or results of the use of the Website (including all of its content) is or will be accurate,
reliable, current, and/or uninterrupted,
18) Questions and Contact Information
Questions or any feedback about the affiliate programme/influencer and Digital Franchise is directed
to [email protected]
This is a digitally generated agreement and does not require any signature. Both parties agrees to
the points mentioned above at utmost good faith.
Agreed on the date of acceptance of this terms and condition