Share Digital Card, a digital business card is a Product created, owned and distributed by Share Digital Card Partnership Firm, Mumbai, the Vendor through its Website www.sharedigitalcard.com. The Vendor offers a Channel Partnership Program which shall be governed by these Terms of Channel Partnership. Any transaction arising out of or being consequential to these Terms of Channel Partnership shall also be bound by the Terms and Conditions, Terms of Use and Privacy Policy published on this Website. The Vendor insists upon your prior perusal and understanding of the same, and informs you that your access or use of the Website shall automatically signify your consent to be bound by the Terms and Conditions, Terms of Use, Privacy Policy and Terms of Channel Partnership, since the same constitute an electronic record defined under the laws prevailing in the Republic of India, and having been generated by a computer system does not require physical or personalized digital signatures for its authentication and enforcement.

Registration and Enrolment Process

The Channel Partnership Program can be availed by registering as a channel partner on the website here or by creating an Account on the Website by setting up your personal information including your name, email id, physical address, phone number, login id and password, and upon complying with the primary contact verification process.

The Registration shall be considered valid only through your compliance of the Indian Contract Act, 1872, including your competence in terms of majority of age, soundness of mind, solvency and legality of your Registration, Subscription and / or Use of the Product.

The Vendor reserves its right to refuse your Registration and creation of your Account, at its discretion.

It shall be deemed to have been undertaken by you that the information entered, belongs to you and is not false, fraudulent or illegal.

It shall solely be your responsibility to protect your Account credentials, and any use, misuse or abuse of your the same shall be attributable to you.

In the event where any unauthorised access or operation of your Account comes to your knowledge, you shall promptly report the same to the Vendor.

The Account shall be operated only by the person whose personal information has been entered in the same, and it shall enable the said person to avail only one Product per Account.

Subscription and Payment

After registration and creation of an Account, you can Subscribe to the Channel Partnership Program, by paying an initial investment of Rs. 15,000 through online mode/debit card/credit card.

Upon payment of the said amount, the Vendor shall issue an acknowledgement receipt and will reach out to you to initiate further steps of Partnership.

Furthermore, a legally binding agreement outlining the terms and conditions of the partnership will be provided for your review and signature. Both parties shall adhere to the terms of the agreement and act in good faith to uphold the integrity of the partnership.

The Vendor reserves its right to change the investment amount at any point of time without issuing any prior notice, however, such change shall not affect the existing Subscription (if any) until its expiry.

The Subscription shall not survive through and beyond suspension, winding up or dissolution of the Vendor.

The Vendor reserves its right to refuse your Subscription, at its discretion.

The aforesaid Channel Partnership Program is applicable on a per-store basis, serving individual store locations. If you wish to use this plan for multiple stores, you can contact the Vendor at sales@sharedigitalcard.com to discuss customized arrangements and pricing.

(For instance, if a company ABC has several store locations and wants the Subscription Plan for each one, they should email the company to get a customized solution)

Relationship and Non-exclusivity

You will be an independent Channel Partner of the Vendor

You will be non-exclusive in rendering your services to the Vendor, since the Vendor may require services of similar nature to be rendered by other Channel Partners in your territory and beyond, and thus, you acknowledge the right of the Vendor and of such other Channel Partners in that regard.

Terms of Channel Partnership

Training and Research: With the assistance and to the satisfaction of the Vendor, you will accomplish training sessions and undertake research as maybe necessary for achieving the current Terms and Conditions. The Vendor shall provide continuous support and updates on industry trends.

Receiving Collaterals: The Vendor shall provide all the marketing collaterals, tools and / or resources as may be deemed to the Terms and Conditions. You may purchase the Channel Partnership Smart Kit for Rs. 7,000/-, which includes the essential materials for offline marketing.

Strategizing: On the basis of such research undertaken and marketing collaterals, tools and / or resources received from the Vendor, you will formulate Strategies for rendering services to the Vendor, with assistance and to the satisfaction of the Vendor.

Marketing: On the basis of such formulated Strategies and in co-ordination with the Vendor, you will identify, utilize and deploy all such marketing collaterals, tools and / or resources for marketing and demonstration of the Product targeted for developing business of the Vendor in your territory.

Generating Leads: Subsequently, you will generate Leads approximating sale of Product of the Vendor in your territory, and forward such generated Leads to the Vendor for approval.

Pitching: Upon receiving approval from the Vendor, you will pitch and demonstrate the targeted Products of the Vendor to such approved Leads in such form and manner as is directed and authorised by the Vendor, including but not limited to communications through word of mouth, cold-calling, online/offline modes and / or postal mails.

Identifying Sales Leads: After such pitching and with the assistance of the Vendor, you will identify the Leads likely to be converted into Sale Leads, and lock such Leads, awaiting instructions from the Vendor for further proceedings.

Initiating the Deal: Upon receiving proper instructions from the Vendor and within fifteen (15) days of receiving such approval, initiate the Deal with such approved Sale Lead(s) and execute all such formalities with such Sale Lead(s), as required and directed by the Vendor and you will, upon execution, immediately intimate the Vendor about the same, without any delay.

Registering and Closing the Deal: The Vendor shall, after receiving the intimation of such execution of Sale Lead from the Channel Partner, evaluate, negotiate and finalise the Terms of Sale with the said Sale Lead and may register such Sale Lead into a prospective Customer, with the aid and assistance of the Channel Partner.

Delivering and Demonstrating Product: Upon closing of such Deal and receiving instructions in such regard, you will aid and assist the Vendor in delivering and / or demonstrating the Product of the Vendor to such closed Customer.

Servicing and Maintenance: You will, if so required and directed by the Vendor, either through yourself and / or through such Person(s) authorised and deployed by the Vendor, aid and assist the Vendor for providing servicing and maintenance towards the Product to the Customer.

Addressing Dispute with the Customer: In the event of requirement to address any Dispute with the Customer and upon receiving such direction and authorisation from the Vendor, you will attend to such Dispute in the form and manner as prescribed by the Vendor, from time to time.

Reporting: You will, on a weekly basis or as and when required by the Vendor, submit Reports of the progress of the entire aforementioned work to such person as is designated and authorized for such purpose, by the Vendor from time to time.

Feedback Mechanism: A feedback mechanism will be established to address all your concerns and suggestions. You can give your feedback to the Vendor, from time to time

Performance Metrics: The Vendor will monitor key performance metrics and conduct quarterly performance reviews, awarding certificates to top-performing partners.

Compliance with laws: You will, at all times, be in compliance of all the laws of the Republic of India prevailing at the relevant time.

Data Handling and Privacy: You will protect the data shared by the customers and maintain their privacy in accordance with all the applicable data protection laws and regulations in India, and implement appropriate security measures to prevent unauthorised access, disclosure, damage, theft, etc.

Liberties

The Vendor may, at its sole discretion, alter, remove, restrict, suspend or terminate access, usage, feature and / or service of the Channel Partnership Program or of the Product, or may amend and enforce amendment(s) of the Terms of Channel Partnership as it may deem fit, without any prior notice; and it shall be your responsibility to keep yourself conversant with the same to ensure your pragmatic compliance of the Terms of Channel Partnership.

The Vendor may use or publish the data or reviews of the customers in your territory on their website or other public channels for promotional purposes, and it is your duty to inform them about the same.

All customers' data will be made publicly available in the search engine of the Vendor for the purpose of generating leads for clients. Clients have the option to disable this setting through the Vendor's application or card admin panel if they do not want their data to be publicly visible.

The Vendor may upsell its product(s) and / or services to the concerted customers In your territory.

Restrictions

You shall not misuse and / or abuse the Channel Partnership or the Product or the representation of Vendor for any purpose that is or may become illegal in the eyes of law against the public policy and / or the Terms of this Channel Partnership

You shall not indulge into any act or omission without due authorization from the Vendor.

You shall not indulge into any act or omission that may besmirch the goodwill and reputation of the Vendor.

You shall not indulge into any act or omission that may cause loss / delay of business to the Vendor.

You shall not indulge into any act or omission that may cause imposition of any legal liability upon the Vendor.

You shall not indulge into any act or omission that is, may or lead to be in conflict with your interest towards the Vendor and / or with interests of the Vendor.

You shall not indulge into any act or omission that may oust or cause assumption to have ousted the authority of the Vendor to govern these Terms of Channel Partnership and the consequences running therefrom.

You shall not indulge into any act or omission that may cause any loss, damage or injury to the customers of the Vendor.

You shall not indulge into any act or omission that may or is likely to cause any loss or damage to the other Channel Partners appointed by the Vendor.

You shall not transfer, assign or sublet any right, privilege or liberty granted Vendor, to any person and / or entity.

You shall not indulge into any act or omission that is or may lead to be in conflict with its interest towards the Vendor and / or with interests of the Vendor.

You shall not sell the Product over the Market Price as fixed by the Vendor from time to time, however, you may, at your discretion however with precaution as to not cause any loss to the Product or the Vendor, add data / design services upon the Product and sell the same to the Vendee(s) to their satisfaction.

You shall not violate the privacy of customer's data.

You shall not indulge into any act or omission that may solicit and / or cause to solicit any Person and / or Entity concerned or in association with the Vendor or its other channel partners, in any manner whatsoever.

You shall not disparage and / or cause to disparage the Vendor or any Person and / or Entity concerned or in association with the Vendor, in any manner whatsoever.

Fee

You shall be entitled to a Fee, upon Sales of the Vendor incidental to Services provided by you, on a Monthly basis.

The Fee shall be calculated in the following manner:

You shall be required to issue detailed Invoice at the end of each Quarter, to the Vendor.

The previous month's Fee will be issued during the first week of each month.

You cannot delay Sales of the Company, in order to inflate the Sale amounts of the subsequent Quarter.

Performance Incentives

In addition to the aforesaid Fee, you shall be eligible to earn additional incentives based on your quarterly performance. Membership periods are calculated on a quarterly basis, as follows: January to March, April to June, July to September, and October to December.

Note- Revenue means your total sales amount excluding GST.

Deactivation of Account and Termination of Channel Partnership

The Vendor may, if you fail to generate Rs. 20,000/- for 3 consecutive months, at its sole discretion and upon duly informing you, deactivate your Account and effect forfeiture of your Registration.

The Vendor may further, on just cause, at its sole discretion and upon duly informing you, terminate your Channel Partnership Subscription.

In both of the aforementioned scenarios, you will not be entitled to a refund of any invested amount, regardless of whether you generate revenue of Rs. 1,50,000/-.

You may, during the period of Subscription and upon duly informing the Vendor, discontinue the Channel Partnership Program, and the Vendor shall delete your Account.

Upon such discontinuation, the Vendor shall return 50% of the initially invested amount of Rs. 15,000/- (i.e. Rs. 7500/-) to you only if you generate a minimum revenue of Rs. 1,50,000/-. If you fail to generate the aforesaid amount of Rs. 1,50,000/-, no amount shall be returned to you upon such discontinuation.

The Vendor reserves its right to refuse reactivation of your Account, and to refuse Registration and creation of new Account after deletion of your Account, at its discretion.

Upon termination of this Channel Partnership Subscription, you shall be entitled to return or dispose off the property, resources, collaterals, tools, etc., provided by the Vendor, as directed by the Vendor.

Furthermore, upon termination of Channel Partnership Subscription, you shall be strictly prohibited from engaging in any promotion or use of the Vendor's Product(s) for sales or promotion or any other purpose.

Disclaimers

The Vendor shall not be liable for any loss(es) caused due to your lack of diligence, vigilance or prudence in Registration, Subscription and / or Use of the Product.

The Vendor shall not be liable for any loss(es) caused due to the acts and / omissions of the leads converted by you.

The Vendor shall likewise not be liable to any third party(ies) for any loss(es) caused to such third party(ies) owing to any action or omission on your part or on your converted lead's part during, out of the course of, or in consequence of Registration, Subscription, Sale and / or Use of the Product.

The Vendor shall not be liable for any loss(es) or damage caused to the data of your customers in the territory.

The Vendor shall not be liable for any loss(es) or damage caused because of any customer's data theft or misuse of the database accessible via the search engine.

Confidential Information and Intellectual Property

The Intellectual Property of the Vendor includes but not limited to its name, Trademark(s), Copyright(s), logo(s), design(s), Patent(s), Source Code(s), Product(s), Subscription Plans, Account details, Registration process and details, Training Manuals, Channel Partnership Program, website, features, layouts, themes, strategies, models, texts, images, videos, business know-how, etc.

Any permission, authority or direction issued by the Vendor to use, utilize or be a custodian of its Intellectual Property mentioned hereinabove shall only be a lease on the rights of the Vendor to that effect and not an assignment, transfer or delegation thereof in your favour.

The Confidential Information of the Vendor includes but not limited to its Intellectual Property, technical know-how, Trade Secrets, Channel Partnership Account details, Bank Accounts, Access Accounts, Servers / Portals and their login details, communications, or any other data of the Vendor; training received, marketing tools, smart-kits, training manuals, strategies formulated, leads generated and any other data of the Channel Partner; negotiations made, services provided, disputes, settlements or any other transaction with the Customers, and you shall not disclose, share or otherwise exploit the same without prior written consent of the Vendor.

Similarly, the Vendor shall not disclose, share or otherwise exploit your Confidential Information without your consent.

Indemnification

You shall solely be liable for, and shall indemnify, defend and hold the Vendor harmless for any loss(es) caused to you, to any third party(ies), or to the Vendor; or for any consequential loss(es); or for such loss(es) that may be saddled upon the Vendor, owing to any action or omission on your part during, out of the course of, or in consequence of your Registration, Subscription or Partnership with respect to the Product; and / or in violation of the Terms of Channel Partnership Program.

Dispute Redressal

Any dispute arising out of or in connection with the Channel Partnership Program; and / or in violation of the Terms of Channel Partnership, shall be communicated by the aggrieved party to the other party within three (3) days of occurrence of such grievance, upon which the parties shall endeavour to resolve the same amicably within subsequent 15 days, however, if such dispute is not so resolved, then either party may initiate Arbitration proceedings for redressal of such dispute by serving the other party with a Notice of 15 days to that effect, and the Vendor shall accordingly appoint a sole Arbitrator to govern the Arbitral Tribunal at Mumbai, India, as per the Indian Arbitration and Conciliation Act, 1996.

Governing Law and Jurisdiction

The Terms of Channel Partnership, and the aforementioned process of dispute redressal shall be governed by the laws prevailing in the Republic of India, being subject to the jurisdiction for the purposes of enforcement, intervention and execution of the said process vested in the Courts at Mumbai, India.

Point of Contact

The official contact information of the Vendor for all purposes shall be its Email Id – sales@sharedigitalcard.com.