Terms and Conditions for MARKETING AGENT/AGENCY CONTRACT for www.theitmall.in
- Marketing AGENT’S/ AGENCY’s BEST EFFORTS
The marketing executive registration can be done as individual, or as agency and have marketing team under him. So Agent/Agency are free to employ salespersons to assist Agent/Agency. Agent/Agency agrees to keep confidential information as Principal may from time to time impart to Agent/Agency regarding Principal’s business affairs and customers. Agent/Agency will not, in whole or in part, now or at any time, disclose such information.
- Agent/Agency, during the term of the agreement, shall receive a commission from the sale of Principal’s product services [Classifieds + b2b, real estate services offered under www.theitmall.in of Principal] sold by himself anywhere in India. Agent/Agency can start sale only after receiving the “MKT-CODE”. Without the MKT-CODE”, any sale done, will not be authorized / marked against your marketing commission, in such cases, Agent/Agency does not have any claim of commission. One by one portals are getting live, and commission amount will be disclosed on portal itself.
- Agent’s/Agency’s commission on sales made pursuant to this agreement shall be as follows: [Agent/Agency COMMISSION (including TDS) for any package sale of classifieds + B2B (excluding GST)].
- Any increase in package price offering will not affect the Commission to the Agent/Agency. In case prices needed to be slashed in interest of Business which affect Agent/Agency’s commission, that will be informed to Agent/Agency accordingly and if needed might have to undergo new Agreement copy sharing on site, which will be informed to you. Commission also does not depend on which package is purchased by customer.
- WHEN COMMISSIONS ARE PAID
- Any commission to be received under this agreement shall not be credited to Agent’s / Agency’s account on Principal’s books until the purchaser has made settlement in full with Principal, either by cash or Online. This commission amount will also have 3.75% TDS deductions. In case, in future, Government makes any changes in the taxations, then those will be applicable. If settlement is not made wholly or in part by purchaser’s notes, Principal may withhold payment of the commission in whole or in part until the payment received in full.
- There is nothing like cancellation or refunding of our digital services. So, there is no case of any refund to any customer. Agent/Agency also cannot promise or give any cancellation choice to customer. If Agent/Agency promises any refund to customer on its own, in such cases, Agent/Agency will bear the cost involved.
- ADDIIONAL SERVICES IN FUTURE
Principal has the right to fix the Product service price, facilities, features offered, new additions or discontinue of specific feature / facilities or service. Agent/Agency seeking marketing and sales opportunity for new addition of service on www.theitmall.in portal, will NOT need a separate agreement to be signed.
- SALES THROUGH OTHER SALES CHANNELS
Agent/Agency can give any sub-contract to any other Agent/Agency. Or make partnership with any other Agent/Agency and share territory with internal agreement. Any registered Agent/Agencys are directly having agreement / contract with Principal – KSS, and will have his own MKT-CODE. The commission will be paid to the account mapping to MKT-CODE. Your internal arrangements are outside the scope of this agreement. No argument will be accepted if MKT-CODE doe not map to the actual marketing executive.
- DISPUTES ON COMMISSIONS
Principal shall have the right to determine, in any dispute arising between two Agents/agencies, OR Agent and Principal. The Principal has right to commission on any sale, and Agent/Agency shall abide by and be bound by Principal’s decision.
- LIMITATION ON COMMISSION CLAIMS
Agent/Agency is not paid for mere customer registration, but registration should result into some sales within two days from date of registration. The sale of any package is a MUST within two days from the date of registration. Agent/Agency waives all claim for commission on sales of Principal’s product services, whether made by Agent/Agency, and all other claims of any nature whatever, if the claim is not made within two days’ time from date of registration of customer within the date of Agent/Agency’s registration pack (MKT-CODE is valid only within pack purchased). The agreement termination date of this agreement is treated same as your Agent/Agency pack expiry date, or any pre-mature termination of this contract by either party. For example, if registration is done on 1st date, then by 3rd, some purchase of any package should be done, then and then only commission is payable to Agent/Agency. Maximum 10 registrations per day by individual agent are payable. Else if average registrations increase 10, then its treated that you have employed a team under you, and you are an Agency. In such case, if the yearly turnover exceeds 20 Lakhs, then GST registration is must. And valid registrations will be shared to agency, which agency can raise the bill with GST. The payment of amount without GST will be paid by 5th of next month. The pending GST amount will be paid, only after it reflects in GSTR-2.
- AGENT/AGENCY NOT TO COMPETE
Agent/Agency, having agreed to devote Agent/Agency’s whole/ part-time to Principal’s business, shall not purchase or deal in [product] on Agent/Agency’s own account in any way during the continuance of this agreement. Agent/Agency will not engage, directly or indirectly, either for Agent/Agency or as employee of any other party, in manufacturing, buying, software developing, selling or dealing in [product or services], across country, for a period of [period of contract agreement(s) + 3 years], after the termination of the Agent/Agency created by this agreement, without the written consent of Principal.
- MAINTENANCE AND SUPPORT OF PRODUCT
Agent/Agency shall promptly and properly report any issues faced by customer to Principal and to cooperate with and aid Principal.
- AGENT/AGENCY’S EXPENSES
All expenses for traveling, entertainment, office, clerical, office and equipment maintenance, and general selling expenses, or even any mishap or accidents, insurance etc that may be incurred by Agent/Agency in connection with this agreement / sale will be borne wholly by Agent/Agency. In no case shall Principal be responsible or liable, directly or indirectly for such expenses, whether that is mentioned in this agreement or not.
- ACCOUNTING ON TERMINATION
- Agent/Agency authorizes Principal, for termination of this agreement in case Principal wish to for business need, or any other reasons like Agent/Agency failed to comply terms and conditions, or involve in things not suitable for business or clients. And Agent/Agency hold no right to question, nor Principal has any obligation to continue the agreement or even need to disclose reasons.
- If marketing executive account gets terminated for business reason by Principal (KSS) before package expiry, then the remaining amount will be paid back on prorate basis mapping dates of remaining days.
- On termination of this agreement, Principal shall proceed in the customary manner to collect notes and get details of Principal’s product services sold by Agent/Agency; no money shall be due Agent/Agency under this agreement after its termination until the final account can be stated.
- OBJECTIONS TO ACCOUNTING; LIMITATIONS
Agent/Agency agrees that all objections to statements of account rendered by Principal are waived, unless written notice is given by Agent/Agency and unless such notice reaches Principal within  days after rendition of the statement by Principal within Agreement period.
- Association FEES FOR MARKETING AGENT/AGENCY
Agent/Agency agrees to pay Principal, Marketing Agent/Agency Fees on monthly, 3 monthly, 6 monthly, yearly [Collected online post profile approval – You can see details under Membership levels – https://theitmall.in/membership-levels/].
- INSURANCE PREMIUMS; TAXES
Principal shall not be responsible for any loan EMIs, Insurance, Loss of anything on Agent/Agency’s property, premise or any event / accident of Agent. Agent/Agency agrees not to hold responsible directly or indirectly Principal, and any claim ever in future will be null and void.
- COMPLIANCE WITH LAWS
Agent/Agency agrees, for the benefit of Agent/Agency, to comply in all respects with the contract workers’ compensation laws of India’s state of which Agent/Agency is working, and to pay the premiums and other costs and expenses incident to such coverage. Any penalty, etc imposed by law and order has to be bearded by Agent/Agency.
- OWNERSHIP AND DEPRECIATION OF AGENT/AGENCY’S PROPERTY
The office furniture, tablet, laptop, computer, internet etc. personal property, its depreciation etc. used by Agent/Agency in Principal’s business shall be bearded by Agent/Agency. No direct or indirect claim of any cost bearing or loss will be on account of Principal.
- MODIFICATION AND TERMINATION
Principal at any time may alter and change this agreement. Agent/Agency may be terminated by Principal, in case he didn’t follow the conditions mentioned in this agreement, even partly, or for business reason. This agreement covers all agreements between Agent/Agency and Principal relating to the contract employment of Agent/Agency for the handling of Principal’s product services marketing and sales.
In case Agent/Agency wish to terminate the membership, there is no obligation on him to continue as such. Although Agent/Agency herewith agrees that there is no full or partial refund of the membership fees. Agent/Agency is advised to first take a 1 month trial pack to start with, and then opt for bigger contract packages.
- GOVERNING LAW
The enforcement and interpretation of this agreement shall be governed by the laws of Maharashtra, India.