If you are accepting these Terms on behalf of a company or organization as its authorized representative, then you represent and warrant that you have the authority to bind such entity to these Terms, and references to you or your herein refer to the entity on whose behalf you are accepting these Terms and any permitted assigns under clause 13.
Anti-Corruption Laws means the anti-corruption or anti-bribery laws in effect in jurisdictions where you act or market, sell, distribute, or deliver The Dollar Business Offerings and specifically include Indian anti-corruption laws (Prevention of Corruption Act 1988 as amended from time to time);
Confidential Information means any confidential or proprietary information pertaining to or provided by The Dollar Business, including without limitation product and roadmap information, pricing, marketing incentives and plans, customer and supplier data, lead information, financial information, business processes and strategies, information related to the Program
Data Breach means any accidental, unlawful, or unauthorized destruction, alteration, disclosure, misuse, loss, compromise, or access to The Dollar Business Personal Information, End User Personal Information or any third party Personal Information or any act or omission that compromises or undermines the physical, technical, or organizational safeguards put in place by you in processing The Dollar Business Personal Information , End User Personal Information or any third party Personal Information in connection with this Program;
The Dollar Business Offerings means magazine copies, membership programmes, standalone reports and any other services sold by The Dollar Business;
End User means the final purchaser, user, or licensee of relevant The Dollar Business Offerings, who has acquired The Dollar Business Offerings for its own internal use and not for resale, remarketing or redistribution;
The Program Terms govern: (i) your membership in The Dollar Business RA/RAA Program, (ii) your use of The Dollar Business RA/RAA Dashboard, and (iii) your use of and access to information (including confidential information), tools and benefits via the Program or Dashboard.
3. Purchasing Terms
These Program Terms do not cover purchasing transactions for The Dollar Business products or services by you from The Dollar Business or from another The Dollar Business channel partner.
4. Eligibility to participate in the Program
Throughout your participation in the Program, you: (a) must be aware and have basic knowledge of the happenings in international trade or willingness to learn about it along with compliance of these Program Terms and all agreements referred to in these Terms; (b) must have persuasive selling skills or a team that possesses the same along with strong work ethics; (c) must maintain a current registration profile with prompt written notification of any changes that may affect your participation or partner level in the Program.
5. Dashboard Access, Participation in Program & Permitted Activities
Portal Passwords: Following your RA/RAA Program registration with The Dollar Business, The Dollar Business issues passwords to you in order to access the RA/RAA Program Dashboard. You are responsible for keeping your passwords confidential and for all access and usage undertaken for your account. If you believe unauthorized access has occurred, you must notify you’re the Dollar Business sales representative immediately.
Use of Dashboard and Tools: You agree to use the Dashboard and any information or tools accessed via the Dashboard solely for the purpose of promoting The Dollar Business Offerings, as relevant for your organisation. No other use is permitted and you are not permitted to alter the content provided by The Dollar Business in the tools regarding The Dollar Business or The Dollar Business Offerings. You must not make commitments or assume any obligations on behalf of The Dollar Business, or use any tool or its content to bind The Dollar Business to any obligation to your customers or any other third party. You must not imply or create an impression that The Dollar Business has approved or endorsed your bid or proposal or that The Dollar Business guarantees your performance in any way. You must not grant any third-party access to the Dashboard or any tools without prior written approval by The Dollar Business. The Dashboard may be unavailable and may change from time to time. The Dollar Business is not liable for the unavailability, incorrect or missing information or any computer virus or bugs on the Dashboard or tools within it, or for any damages that may result. The Dollar Business may, at its sole discretion, remove your access to all or part of the Dashboard.
Your suitability to participate in the Program: You agree The Dollar Business may perform, directly or through a third-party, a risk assessment of your company, affiliated entities, employees, agents, and representatives to determine your suitability to participate in the Program. Your access to the Program is conditioned on your completing and passing the partner vetting process, as required by The Dollar Business, and your compliance with these Program Terms.
Disclaimer: All tools and content and the Dashboard are provided “as is”. It is your obligation to check the information you receive through the Dashboard against the information you receive from your seller of The Dollar Business Offerings. If the information you access through the Dashboard differs from the information in your seller’s offer, you may only rely on information in your seller's offer. The Dollar Business reserves the right to modify the Dashboard, any tool, and its content without prior notification. To the extent permitted by applicable law, The Dollar Business makes no warranties and specifically disclaims all warranties and conditions with respect to the Dashboard, (including, without limitation, the Dashboard’s general accessibility, completeness of all information, tools, and other materials related to or provided in connection with the Dashboard or Program or any loss or corruption of any data that you upload to the Dashboard or in connection with the Program), either express or implied, including, but not limited to, any implied warranties or conditions of quality, merchantability, non-infringement, use of The Dollar Business Offerings for a particular purpose.
6. Compliance with Laws.
You warrant to The Dollar Business that you have complied with, and will continue to comply with all applicable laws, including Privacy Laws, Anti-Corruption Laws, and Export Laws as relevant in relation to these Program Terms and any onward sale, distribution, or delivery of The Dollar Business Offerings. You must ensure any third party you engage in connection with these Program Terms or the sale, distribution, or delivery of The Dollar Business Offerings complies with all applicable laws and regulations.
7. Privacy Laws.
Privacy Laws Compliance: Each party agrees to comply with its obligations as set out in Privacy Laws in respect of Personal Information obtained by or disclosed to it pursuant to this Program. You warrant to The Dollar Business that you have complied with, and will continue to comply with Privacy Laws in processing Personal Information that is disclosed to The Dollar Business pursuant to this Program. The Dollar Business is not liable for any claim brought by you, a customer or any third party relating to your failure to comply with Privacy Laws.
Indemnity: You must indemnify, defend, and hold The Dollar Business harmless from any claims, causes of action or legal proceedings, (including any investigations or proceedings by a governmental agency or entity), arising out of or in connection with:
i. disclosure of Personal Information by you to The Dollar Business which is not compliant with Privacy Laws; or ii. due to any breach of Privacy Laws by you
8. Business Ethics.
You agree to maintain, throughout the duration of dealings between you and The Dollar Business, your own policies and business controls to ensure compliance with the laws referred to in these Program Terms, including having adequate procedures designed to ensure that any third party you engage complies with applicable laws and regulations. You must provide a copy of such policies and procures to The Dollar Business on request, and agree to monitor and enforce such policies and procedures as appropriate. You agree to, at all times, conduct your business in an ethical manner and avoid any business practices that may be perceived as deceptive, misleading, or otherwise improper or amount to a misrepresentation of The Dollar Business or The Dollar Business Offerings or capabilities.
Breach of laws or business ethics: In addition to any other rights under these Program Terms or at law or in equity, The Dollar Business has the right to immediately terminate these Program Terms, withhold payment of any incentive or marketing development funds, or suspend performance under these Program Terms if The Dollar Business has reason to believe that you breached clauses 6, 7 or 8, (or such breach is likely to occur), or you fail to provide information requested by The Dollar Business in a timely manner. The Dollar Business will not be liable to you for any claims or damages related to its decision to withhold payments under this clause. In the event of termination of these Program Terms by The Dollar Business under this clause, or in the event you violate any laws, (including Anti-Corruption Laws), with regard to any transaction for which an incentive was paid or is yet to be paid, any such incentive will be automatically terminated and cancelled, and such incentive must be promptly refunded by you to The Dollar Business on demand.
a.Subject to Clause 9b, you must treat all Confidential Information received from The Dollar Business as you would treat your own confidential information but with no less than a reasonable degree of care. On the request of The Dollar Business, you must promptly return all Confidential Information received, together with all copies, or certify in writing that all such Confidential Information and copies have been destroyed.
b.Subject to compliance with Privacy Laws, you agree to provide to The Dollar Business such End User information as The Dollar Business may require to enable it to deliver the relevant The Dollar Business Offering, including sharing such information with The Dollar Business Affiliates and/or third parties. The Dollar Business is permitted to use such End User information for its own statistical and customer profiling purposes, such compiled data not to be shared outside of The Dollar Business or The Dollar Business Affiliates. To the extent necessary in provision of The Dollar Business Offerings, you agree that The Dollar Business is permitted to communicate directly with End Users.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless The Dollar Business, The Dollar Business Affiliates, and their respective successors and assigns from any claim, demand, cause of action, debt, or liability, (including reasonable attorney or legal fees, expenses, and court costs), arising from your breach of these Program Terms or any terms linked via these Program Terms.
11. Continued use, Amendments & Termination.
Either party may terminate these Program Terms on 30 calendar days’ prior notice. Either party may terminate these Program Terms with immediate effect with prior written notice for breach of any of the obligations set out in clauses 7 and 8 as well in the event of a material breach by the other party which cannot be remedied. The Dollar Business may modify or amend these Program Terms at any time and, to the extent required by applicable law, provide reasonable notice, (at least 30 calendar days’), of updated Program Terms via the Dashboard. If any modification is unacceptable to you, your sole recourse is to terminate your participation in the Program. If you continue to participate in the Program, such participation constitutes your binding acceptance of the changes.
12. Consequences of Termination.
Termination of these Program Terms means your participation in the Program is terminated, your Dashboard access will be removed and you are not permitted to participate in or receive any other Program benefits, including but not limited to rebates and incentives.
Entire agreement, Amendments, Use of Other Terms: These Program Terms constitute the entire integrated agreement between you and The Dollar Business regarding its subject matter, and supersede all prior and future contemporaneous, written or oral understandings, communications or agreements between you and The Dollar Business regarding such subject matter. These Program Terms may not be altered, supplemented, or amended by you via the use of any other documents unless otherwise agreed to in a separate written agreement signed by an authorized The Dollar Business corporate executive signatory. Any use of your accounting notes and books, business records, invoices, pre-printed forms, such as purchase orders, are for convenience only, and any pre-printed terms set forth therein that are in addition to, inconsistent or in conflict with the terms of these Program Terms do not have any force or effect.
Amendments. Assignment, Change in Control: Your attempts to change any rebates, incentives, or marketing development funds, whether via email or otherwise, are void and of no effect. Any such change must be mutually agreed in writing and signed by authorized representatives of both parties with The Dollar Business Finance approval for such change to take effect. You must not assign any terms or benefits in connection with these Program Terms, to any third party without the prior written consent of The Dollar Business .
14. Governing Law & Jurisdiction.
The parties agree that the Program Terms are governed by and construed in accordance with the laws of India and will be subject to exclusive jurisdiction of the courts of Hyderabad