ADDITIONAL USER’S TERMS FOR CHANNEL PARTNERS
1. Who can be Channel Partner
Any Individual, Proprietorship, Partnership, Limited Liability Partnership (LLP), any incorporated entity under the laws or company, who/which is willing to perform his/her/it’s obligation as Channel Partner and agree to abide by the terms & conditions of these terms can register to become Channel Partner.
By accepting these Terms and registering yourself with i2ifunding.com, you agree yourself to be the Channel Partner of i2ifunding.com/Company (RNVP Technologies Private Limited) for the sales and marketing of its “Services” as per the these terms. You agree that your appointment is on non-exclusive and non-assignable basis. Nothing contained herein shall be deemed to create Principle- Agent, Employer-Employee, Partnership (notwithstanding the use of the word “Partner” in this Agreement), Joint Venture relationship, and such other kind of relationship between you and i2ifunding.com/Company. Your none of the act /conduct, direct or indirect, shall be binding upon i2ifunding.com/Company, unless expressly authorized in writing by i2ifunding.com/Company and your authority is limited to what has been clearly, expressly and in unequivocal terms set forth in these terms.
You agree to that your scope as Channel Partner shall be confined to the sales, and marketing of the “Services” of i2ifunding.com/Company by referring the Investor and/ or Borrower to it. The “Services” shall have same meaning as defined in the User’s Terms & Conditions.
A. You hereby agree to refer the Investor/Borrower as per the criteria prescribed in writing by i2iFunding.com/Company and those displayed on i2iFunding.com.
B. Each referral will result in a referral fee to you from i2iFunding.com/Company. To be eligible for a Fee, you must identify Referred Investor/Borrower directly to i2iFunding.com/Company by emailing or such other method prescribed in writing by i2ifunding.com/Company. Existing or past Investor/Borrower are not eligible under this present, neither are Investor/Borrower currently in the pipeline. You must successfully register each Referred Investor/Borrower with i2iFunding.com. If the Referred Investor/Borrower is approved, an email will be sent to you. An approved Referred Investor/Borrower qualifies for a Referral Fee to you as set forth hereunder. All approval of Referred Investor/Borrower is at i2iFunding.com/Company’s sole discretion.
C.The Referee should not be spouse, blood relative (Father, mother, unmarried sister, unmarried brother), or any entity owned or controlled by the Referrer. Further Referee must invest out of his own earnings. Referrer must not route his own money through the Referee.
5. Referral Fee
A. You will be entitled to the following as referral fee.
For all approved referred Investor:
Total Investment done by Referred Investor i. a Qtr. (Rs.)
3rd year onward
More than 2,00,001
For all approved referred Borrower :
1% of loan amount finally disbursed to the Borrower.
B. Fee will be only paid for the Borrower to whom loan is finally disbursed. If the loan is rejected during evaluation or prior disbursal, no fee will be paid
C. Investor doing the investment shall mean, the Investor actually entering into a loan agreement with the Borrower and disbursing the agreed loan amount as per the terms & conditions of the Loan Agreement.
D. The fee may be revised by i2iFunding.com/Company at its sole discretion and without prior notice and same shall be effective from the date of the display of the same for the public view which may be through the amendment/variation of these terms.
E. The fee shall always be inclusive of all your cost and expenses and applicable services tax, cess, levies and other taxes.
6. Payment of referral fee
A. The Payment of the Referral Fee shall be made pro-rate on quarterly basis. I2iFunding.com/Company shall be entitled to deduct TDS on all the payments made to you. You undertake to raise an invoice in the acceptable format upon i2iFunding.com/Company. Payments will be made only upon raising of an invoice and within a period of 30 days from the date of the invoice.
B. In the event that the Investor(s)/Borrower(s) is referred to i2iFunding.com/Company from more than one Referral Partner, i2iFunding.com will pay referral fee to the Referral Partner who firstly provided the reference of such Investor/Borrower. I2ifunding.com/Company’s decision in this respect shall be final and biding.
7. Your Consent/Obligations
A. i2iFunding.com/Company may revise, add or discontinue or delete services without any prior notice. Any revision will apply to all referrals accepted after the effective date of the revision.
B. All the terms & conditions related to the user or to that of the Investor and/or Borrower may be changed by i2iFunding.com/Company without any prior notification.
C. Availing of the services of i2iFunding.com/Company by the Investor/Borrower are subject to the Investor/Borrower’s acceptance of the terms of the services. If the Investor/Borrower don’t accept such terms, they will not be able to avail the services.
D. You have no authority to modify the terms of the Services, User’s Agreement, and other such document, in any manner whatsoever, or to bind i2iFunding.com/Company, or make any representation or warranty on behalf of i2iFunding.com/Company.
E. You will assist i2iFunding.com/Company to take all action by Investor against the Borrower in respect of the enforcement of her/her/it’s right
F. You will always act in the manner that reflects favourably at all times in respect of the Services and the good name, goodwill, and reputation of i2iFunding.com/Company.
G. You will avoid deceptive, misleading, or unethical practices that are or might be detrimental or disparaging to i2iFunding.com/Company or its services.
H. You will not publish or employ or cooperate in the publication or employment of any misleading or deceptive materials relating to the Services.
I. You will make no covenants, representations, warranties or guarantees to the referrals (Investor/Borrower) or to the trade with respect to the specifications, features, or capabilities of the services which are inconsistent with the literature provided by or displayed on the i2iFunding.com, or which are inconsistent with the then current User Terms & Conditions.
J. You will notify i2iFunding.com/Company immediately of any knowledge or suspicion of any violations of i2iFunding.com/Company’s patents, copyrights, trademarks, or other proprietary rights.
You warrant that
A. You have full right and authority to undertake and perform obligations as contained in these terms and there is no hindrance or restriction in respect thereof.
B. You will perform your scope in a professional and workmanlike manner.
C. No part of Services of your obligation is or will be inconsistent with any of your obligation, which you may have to others.
You will not access (or attempt to access) i2ifunding.com by any means other than the interface provided, and you will not use information from i2ifunding.com/Company for any purpose other than the purpose for which it was made available. The Company/i2ifunding.com reserves the right to investigate and take appropriate legal action against you if in the Company’s sole discretion, the instant provision is violated. The illegal use of i2ifunding.com is prohibited.
You further agree that:
A. If you are a website owner, you will not display any materials, i2iFunding.com/Company’s logo, information etc. without first seeking permission of i2iFunding.Com/Company. Pursuant to permission, you will display only such information, content, logo etc., as may be expressly approved in writing by i2iFunding.com/Company.
B. If you want to promote the i2iFunding.com/Company’s services through any other medium, you can do so only after the written approval as to the mode, medium, contents, information, logo etc. i2iFunding.com/Company may have a written policy in this respect, that may be shared with you. Once this is shared with you, you will abide by fully all the instructions in respect of the promotion of the i2iFunding.com/Company’s services.
C. Notwithstanding the aforesaid, no material, information, logo or any promotional material shall be displayed anywhere, or at any medium, unless it is expressly approved by i2iFunding.com/Company.
D. Subject to the limitation of use, i2iFunding.com/Company authorizes you to use its current and future trademarks, service marks and trade names (“Marks”) solely in connection with the marketing and distribution of its Services pursuant to this Agreement.
11. Conflict of Interest
A. You warrant to refrain from entering into any kind of ownership, contract, agreement, distribution or selling agreement with any of the competitors of Company or engaging yourself for any commercial, marketing or promoting any Services for any other P2P platform or any other purpose which in the opinion of i2ifunding.com/ Company is detrimental to its interest during the term of this Agreement and for a period of two (2) years from the date of termination.
B. Any violation of this undertaking/ warranty shall make you liable for damages towards loss of any business, future profits whether direct or indirect, consequential or remote. The Company/i2ifunding.com shall also be entitled to withheld and forfeit any outstanding payable to you.
If you employ personnel/staff for performing the your scope of services, you will be solely liable to pay their salaries, cost, expenses and also liable to be bear statutory cost and to comply law, rules and regulations thereof. All such employee shall always been deemed as your employee. Such employee shall have no claim against i2ifunding.com/Company in any manner whatsoever.
You agree and undertake to defend, indemnify and hold i2iFunding.com (and its owner Company RNVP Technologies Private Limited, its Directors, CEO, Managers, Employee, Agents, Sub-Agents, etc.) (Collectively as “Indemnified Party”) harmless from and against any and all damages, liabilities, costs and expenses (including but not limited to attorneys’ fees, litigation cost) arising out of or incurred by Indemnified Party in connection with or as a result of or due to
A. breach of any of the terms and conditions of this Agreement; and/or
B. breach of any of the undertaking provided by you under this Agreement; and/or
C. breach of any of the limitation prescribed in respect of your scope of work, as provided under this Agreement and any instruction issued by i2iFunding.com in this respect; and/or
D. any third party claim arising out of your non-compliances of the applicable law in relation to your scope of work; and/or
E. any third party claim arising out of or relating to any of yours acts or omissions; or act or omission of your managers, employees, (or Directors in case of an incorporated entity) of in connection with this terms; and/or
F. any third party claim arising out of or related to the breach of any of these terms and conditions or any instructions issued by i2iFunding.com.
G. Due to any of your act/conduct
14. Intellectual Property Rights/Marks
A. You have no rights in the marks of i2iFunding.com/Company except those provided under this Agreement.
B. If, in the course of performing your scope of work, you acquire any goodwill in any of the Marks, all such goodwill will automatically vest in i2iFunding.com/Company. You shall not be entitled to claim any monetary or other benefit arising out of this. If necessary, you shall take all such actions or execute any documents necessary to make effective such vesting. You shall not contest the validity of any of the Marks or i2iFunding.com/Company’s exclusive ownership of the Marks. You shall not adopt, use, or register, whether as a corporate name, trademark, service mark or other indication of origin, any of the Marks, or any word or mark confusingly similar to the i2iFunding.com/Company’s Marks in any jurisdiction.
C. You further undertake not to make any modification or addition in any i2iFunding.com/Company’s Marks.
15. Proprietary Rights
You acknowledge and agree that all non-public information related services of i2iFunding.com/Company and materials and all other items provided hereunder and all copies thereof constitute valuable trade secrets of i2iFunding.com/Company, or are proprietary and Confidential Information of i2iFunding.com/Company, and title thereto remains in i2iFunding.com/Company. All applicable copyrights, trade secrets, patents and other intellectual and proprietary rights in the Products/Services and all other items provided hereunder are and remain in i2iFunding.com/Company. All other aspects of the Services /Products and all other items provided hereunder, including without limitation, programs, methods of processing, and specific design of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of i2iFunding.com/Company and shall not be sold, revealed, disclosed or otherwise communicated, directly or indirectly, by you, to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of the Products/Services, or any part thereof is hereby transferred to you. You shall not reverse engineer, decompile, disassemble or otherwise derive source code from the Products/Services. All rights not expressly granted herein are reserved to i2iFunding.com/Company.
During the period you are the channel partner and for a period of 24 months from the date your services as channel partner is terminated, you undertake that you will not, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, distribute, sell, offer to sell, or solicit any orders for the purchase or distribution of any products or services which are similar to those provided by the i2iFunding.com/Company.
17. Term and Termination
A. This Agreement shall continue unless terminated by/in the following act /circumstances:
(i) Automatically, in case you are in breach of any of the terms & conditions of this Agreement or User Agreement. Such termination shall be without prejudice to the rights of damages of i2iFunding.com/Company. The communication in respect of the termination under this clause may be provided by i2iFunding.com/Company through email.
(ii) Automatically, in case the Services is discontinued or suspended by i2iFunding.com/Company.
(iii) Either party may terminate this Agreement at any time upon written notice to the other party by giving written notice of 45 (Forty Five) days.
(iv) In case either of the Party is declared insolvent or bankrupt.
(v) If you are a Company, if a receiver/Administrator is appointed or a winding up proceeding is initiated against you.
B. On termination of this Agreement:
(i) i2iFunding may cancel any pending referral; and
(ii) You shall return all i2iFunding.com/Company proprietary or other material, including without limitation all Confidential Information, immediately; and
(iii) You shall immediately remove/withdraw all the i2iFunding.com/Company’s material, proprietary from public view; and
(iv) You shall immediately stop representing yourself as the Referral Partner of i2iFunding.com/Company.
(v) i2iFunding.com/Company, at its discretion may block your access to it.
(vi) Termination or expiration shall not relieve either party of the obligation to pay any sums due hereunder. Other obligations which shall survive for a period of five (5) years from the termination of expiration of this Agreement including indemnities and limitation of liability.
(v) The warranty and confidentiality provisions shall remain in effect, notwithstanding the termination.
C. i2iFunding.com/Company shall not be liable to you for any damages, expenditures, loss of profits or prospective profits or goodwill on account of the termination of this Agreement for any reason.
18. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, i2iFunding.com/Company HEREBY DISCLAIMS ANY AND ALL WARRANTIES ON THE SERIVICES/PRODUCTS, MAINTENANCE AND SUPPORT, AND PROFESSIONAL SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
19. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, i2iFunding.com/Company’s LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNTS PAYABLE BY i2iFunding.com/Company TO YOU. i2iFunding.com/Company WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A. “Confidential Information” means any information disclosed by i2iFunding.com/Company to you, or otherwise acquired by you due to the relationship under this Agreement or otherwise, which is marked “Confidential,” “Proprietary,” or which, under the circumstances surrounding disclosure, would reasonably be expected to be confidential.
B. You shall treat as confidential all Confidential Information of i2iFunding.com/Company, and shall not use such Confidential Information except to perform your obligations under this Agreement and shall not disclose such Confidential Information to any third party.
C. You agree to effectuate, by agreement, instruction or otherwise, compliance with these confidentiality obligations by your employees, agents, consultants and others who are permitted access or use (in accordance with the terms herein) of the Confidential Information.
D. You agree that if there is a breach or threatened breach of the provisions of this Agreement, i2iFunding.com/Company has no adequate remedy in money or damages and accordingly shall be entitled to seek injunctive relief and any other appropriate equitable remedies for any such breach without proof of actual injury. You further agree that you will not oppose the granting of such relief and that you will not seek, and agree to waive any requirement for, the posting of any bond in connection therewith. Such remedies shall not be deemed to be the exclusive remedies for any breaches of this Agreement by a party or its representatives, and shall be in addition to all other remedies available at law or in equity.
21. Audit Right
During the term of this Agreement and for a period of three (3) years following any expiration or termination of this Agreement (“Auditing Period”), you shall maintain full and complete records of in relation to your scope of work under this Agreement. I2iFunding.com/Company may, at any time during the Auditing Period, be entitled to audit your records and provisions of Scope of work by providing you advance written notice. Such audit shall be performed during normal business hours and at i2iFunding.com/Company’s expense; provided, however, that the cost of such audit shall be paid by you if the audit reveals an overpayment to you of more than two percent (2%) of the amounts payable to you by i2iFunding.com/Company.
22. Compliance of law
You agree to comply with all applicable laws in relation to your services.
A. You agree that if any portion of this terms is held to be unenforceable, the remainder will remain valid.
B. You are not entitled to assign your rights or obligation under these terms without i2iFunding.com/Company’s prior written consent.
C. These terms will inure to the benefit of the parties’ successors and assigns.
D. All notice to the Referral Partner by i2iFunding.com/Company shall be by way of displaying the same on i2iFunding.com/Company or through medium of courier, registered post or hand-delivery or through email. You consent to service of process by notice in compliance of aforesaid. All notices to i2iFunding.com/Company shall be by way of courier, registered post or hand-delivery.
E. You covenant and agree not to threaten, file or pursue any action against i2iFunding.com/Company based upon the clam of agency or similar claim based on the distribution relationship and agrees to indemnify, defend, and hold i2iFunding.com/Company and its affiliated companies, and their respective officers, directors, employees and agents, harmless from and against all claims, liability, damages, fees and costs (including fees and costs of attorneys and other experts), arising from or relating to such claim.
F. These terms shall be governed by and construed in accordance with the laws of India.
G. You expressly consent and agree by submitting by going through the registration process and submitting the acceptance button you confirm and agree to these terms & conditions. These terms & conditions may be varied by i2iFunding.com/Company at its absolute description, and information as to the same shall be through the display of the same on the website.
All dispute or differences arising out of this Agreement shall be notified by the party to each other in writing. Within a period of 15 days or such other period, such dispute shall be referred to the sole arbitrator appointed by i2iFunding.com/RNVP Technologies Private Limited, who shall adjudicate such dispute as per the provisions of Arbitration & Conciliation Act, 1996 or any statutory modification or enactment thereof. The place of arbitration shall be at Delhi and language used English.