Associate understands that
cross sponsoring, cross referring and cross line
jumping are prohibited in ALLINDIAJOBBANK.COM and
may result in the imposition of penalty, as more
fully set forth hereafter, but may include immediate
termination of this Agreement. "Cross sponsoring"
means soliciting an Associate or any closely related
person or entity into a down-line different from
the existing down-line for that Associate. "Cross
recruiting" means soliciting an Associate, except
personally sponsored Associates, or a closely related
person or entity, into another MLM company. "Cross
line jumping" means an Associate or any closely
related person or entity voluntarily taking a Business
Center that is not in the same down-line as the
one in which the Associate first was enrolled. A
"closely related person or entity" is any person
in the household of the Associate (e.g. spouse,
son, daughter, parent living in the same household)
or any corporation, partnership, limited liability
company, trust or other legal entity, which is controlled
by the Associate.
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Filing Complaints :
If an Associate desires to file a complaint against
another Associate for violation of this Agreement,
please send an e-mail to info@allindiajobbank.com
to get the procedures for doing so.
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Confidentiality Agreement :
Associate understands that the ALLINDIAJOBBANK.COM
marketing plan, Tree Structure, Associate lists
and official literature are proprietary information
and are considered trade secrets of ALLINDIAJOBBANK.COM.
Associate hereby agrees to not directly or indirectly
disclose or use any of said confidential or proprietary
information except to specifically promote Associate's
independent ALLINDIAJOBBANK.COM business in accordance
with the provisions of this Agreement. Associate
further agrees that this provision shall survive
the expiration or termination of this Agreement
for a period of one year.
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Multiple Enrollments :
ALLINDIAJOBBANK.COM's Placement Program intends
to provide quality education to its' users. You
can enroll into programs for a maximum of Seven
times to improvise skills in the field of all what
is being taught in the program or to own and operate
multiple websites. The only reason why a person
may do this is to give individual tests for the
software that we teach you, the system has been
designed to provide Online certification to only
those in whose name the user has enrolled. If you
have more than one users benefiting from the program,
we advise you enroll into the program separately,
to be able to learn most, and gain maximum mileage
out of it.
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Wrongful Multiple Enrollment :
The Company does not encourage the purchase of more
than one web site in order to participate in the
Program, the compensation plan or even to maximize
potential compensation. Any Associate who advises
potential Associates otherwise is in violation of
this Agreement and subject to penalty as set forth
herein. Enrolling in more than Seven "Placement
Programs by a customer requires prior approval by
Company. Failure of the referring Associate to obtain
such prior approval is evidence of the violation
of this provision. Under any circumstance, the company
will not accept/encourage people joining solely
with interest in the business plan. If it is found
out that any individual/ group is trying to benefit/misuse
the business plan with multiple enrollments, the
Company reserves the right to terminate the membership(s).
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Income Representation :
Associate understands that although Associate may
refer other Associates into the ALLINDIAJOBBANK.COM
Program, the Program does not allow Associate to
profit solely from the activity of referring other
Associates. Commissions are paid only on actual
"Placement Program" and other product sales that
are made which were referred by Associate or by
other Associates that fall into Associate's Down-line.
No one has made any promise or guarantee that Associate
will derive any specific income or profit as an
Associate. Associate understands that any income
Associate earns in ALLINDIAJOBBANK.COM is determined
by Associate's personal activity as an independent
contractor. Associate understands that "Placement
Program" and other product sales commissions shall
be paid only to the qualified "selling" Associate
and to his or her Down-line and Up-line. Associate
shall not make any income representations except
those set forth herein or otherwise specifically
set forth in official ALLINDIAJOBBANK.COM material.
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Trade marks and Marketing Materials
:
Associate will not use the ALLINDIAJOBBANK.COM trade
name and/or trademark except to promote the ALLINDIAJOBBANK.COM's
business. In all such authorized use, Associate
will make clear that Associate is an Independent
and the advertising is the Associate's and not the
Company's. Sales of marketing materials by ALLINDIAJOBBANK.COM
are not commissionable. ALLINDIAJOBBANK.COM makes
no warranty, express or implied, with respect to
the use, efficacy or suitability for any purpose
with respect to any such marketing material unless
otherwise explicitly stated in writing in connection
with the purchase thereof.
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Sale of Business Node :
In order to maintain the integrity of the Company's
sales organization, if an Associate desires to sell
a Business Node, the Associate must first offer
it for sale in writing to the Associate's immediate
up-line from the Business Center to be sold. If
the up-line Associate declines to purchase the Business
Node, the selling Associate is then free to sell
the Business Center to someone else, on the same
terms and conditions as was offered to the up-line
Associate. All such sales require the completion
of a Transfer Form and payment of a transfer fee
and must be approved by the Company. Sale of a corporation
or other legal entity, which owns a Business Node,
is hereby deemed to be the sale of the Business
Node and is subject to the provisions above stated.
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Inheritability :
The ALLINDIAJOBBANK.COM Program/Business Node, like
any other business or asset an Associate may have,is
fully transferable in accordance with the terms
of a Will, or, in the absence of a Will, it passes
to heirs pursuant to the applicable interstate succession
laws. For those Associates whose ALLINDIAJOBBANK.COM
Business Nodes is/are owned by a corporation (or
some other type of legal entity), there would be
no change in the ownership of the Business Node
upon the death of an owner of that corporation,
etc. Ownership of the corporation would change by
passing to the heirs, but the corporation would
continue to own the ALLINDIAJOBBANK.COM Business
Node.
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Information from Associates :
All registration information provided by an Associate
to ALLINDIAJOBBANK.COM must be accurate and complete.
Associate must update and correct registration information
if it changes.
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Spam/Misuse of System :
Associate shall not engage in spamming in order
to promote the Associate's business. "Spam" includes
(a) Mass mailings akin to junk-mail, either to news
groups or electronic mail or unsolicited commercial
and/or informational email, including, without limitation,
commercial advertising and informational announcements,
sent to people not known personally, unless the
recipients have expressly asked to receive email
announcing programs of this type,
(b) Mass or bulk (20 or more recipients) emails
of any kind, unless the recipients have expressly
asked to receive email pertaining to programs of
this type, and
(c) A newsgroup article, or essentially the same
article with small changes, posted an unacceptably
high number of times to one or more newsgroups,
(Content is irrelevant.) or Usenet, chat room or
message board postings that are unrelated to the
topic of discussion of the particular news group,
chat room or message board. "Spam" does not include
responding to any message received by sending a
message (even though not related to the received
message) by use of the "Reply to All" or similar
e-mail feature. "Spam" does not mean "ads." It doesn't
mean, "abuse." It doesn't mean, "posts whose subject
I object to." Sites may not contain or transmit
any file or software with a virus or other contaminating
or destructive features. No Associate may in any
manner interfere with the content of other sites
or the system. Sites may not use excess system resources
or otherwise, in ALLINDIAJOBBANK.COM 's sole judgment,
use resources in a manner that damages its system.
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Voluntary Resignation :
Associate may voluntarily terminate this Agreement
by sending written notice at any time for any reason.
If Associate terminates this Agreement that Associate
shall not be allowed to become an Associate again
for a period of Three (3) months. If Associate re-joins
on-line in violation of this policy then that Associate
shall be terminated and Associate shall not be allowed
to earn any commissions from the new position.
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Imposition of Penalty :
If Associate breaches any of the provisions of this
Agreement, violates any applicable law or regulation
or engages in any false, misleading or unfair trade
practice, including but not limited to, making misleading
income representations or making promises to potential
Associates that can not be kept by Associate, (herein
called "Violation") any such Violation is grounds
for the imposition of penalty, as more fully set
forth hereafter. The Company may suspend Associate,
including suspension of checks earned at the time,
pending investigation of any alleged Violation.
Associate shall be given notice of the alleged Violation
by e-mail, fax or other rapid method of communication
and shall have seven days thereafter to respond
in writing (verbal response will not be considered)
to any alleged Violation (s), failing which, the
Company can consider the allegations to be true.
(It is Associate's responsibility to see that Company
receives the response, with supporting documentation,
if any, within the seven-day period.) If at the
end of the investigation it is determined that Associate
is to be penalized, the date of the imposition of
the penalty can be, at the Company's option,
1) the date of the penalty notice,
2) the date of the notice of the alleged Violation,
3) the date on which suspension, if any, occurred,
or
4) any other current date.
Checks suspended and/or earned, if any, as of the
date of a termination, shall not be paid. Any such
checks not paid shall be deemed to be liquidated
damages as payment of part of the damages suffered
by Company for the Violation. Associate can request
that any decision to impose a penalty be reviewed
and supply any additional material that may bear
on the matter in support thereof within seven days
after notice of the penalty is given. Company shall
then advise Associate of its final decision.
The Company shall have the option of imposing any
one or more of the following penalties for Violations:
Disabling of business node of Associate;
Denial or revocation of any achievement awards otherwise
earned;
Denial of sales credit for sales that fall into
the Down-line of a cross-sponsored Associate;
Denial of credit for sales of multiple web sites
due to falsely representing need for them;
Imposition of a fine in an amount to be determined
by the Company;
and/or Termination of the Associate's Agreement.
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Jurisdiction / Venue :
This Agreement shall be construed and enforced in
accordance with the laws of the State of New Delhi
without reference legal principles that would cause
the law of another jurisdiction to be applied. Causes
of action between the parties hereto of any type,
whether based on this Agreement, on fraud or any
other tort, or grounded in principles of strict
liability or statutes of any kind, shall be heard
exclusively in a court of competent jurisdiction
in New Delhi, INDIA, each party hereby submitting
to the jurisdiction of such courts and expressly
waiving the right to bring suit in all other courts.
In any cause of action the winner shall be entitled
to recovery of all court approved attorney fees,
court costs and other costs of the action.
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Addresses :
The Address for Associate shall be as is maintained
in the records of ALLINDIAJOBBANK.COM.
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Official Language/ Definitions :
The English version of this Agreement, as maintained
by ALLINDIAJOBBANK.COM, is the official version
and shall control over any other language version(s)
which may be made available for ease of reference
for some Associate Members. As used in the ALLINDIAJOBBANK.COM
materials, when the term, "sell/ enroll" and words
of similar import are used to describe the enrollment/
sales activities of an Associate Member, this is
an abbreviated reference to the promotional activities
of Associate Member with respect to sales and it
is understood that all sales are between the Company
and the purchaser, not between the Associate Member
and the purchaser. Likewise, when the term, "recruit"
and words of similar import are used to describe
the referral and recruiting activities of an Associate
Member, this is an abbreviated reference to the
team building activities of Associate Member and
it is understood that the agreement by which one
becomes an Associate Member is between the Company
and the recruited Associate Member and not between
the new Associate Member and the referring Associate
Member.
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Access Restriction :
ALLINDIAJOBBANK.COM shall log and monitor closely
activities of all the users and shall not allow
any third party user to log in without registering
himself. The real time clock of the computer system
shall be set accurately to ensure accuracy of audit
logs which may be required for investigation or
as evidence in legal or disciplinary cases against
any of the users. The real time clock of the computer/communication
device shall be set to IST and there shall also
be a procedure that checks and corrects drift in
real time clock. ALLINDIAJOBBANK.COM shall keep
the computer system access records for a minimum
of two years in either hard copy or electronic form.
Records, which are of legal nature and necessary
for any legal or regulation requirements or investigation
of criminal behavior, shall be retained as per the
applicable Laws of India and the concerned State.
The computer records of applications, transactions
and significant events shall be retained for a minimum
period of two years or longer depending on the specific
record retention requirements as prescribed under
the respective Laws of India prevailing at that
time. There shall be procedures to identify, select,
implement and control software (system and application
software), acquisition and installation to ensure
compliance with the Indian Copyright Act and the
Information Technology Security Guidelines.
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Participation in ALLINDIAJOBBANK.COM :
Applicant shall reveal/declare the income earned
by him after being inducted as an associate member.
The applicant shall further include the said earnings
(in the form of compensation) and shall include
in his statement of income for the purpose of filing
his income tax returns. The applicant further undertakes
to disclose such earnings or compensation to ALLINDIAJOBBANK.COM.
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Incorporation of Agreements :
If Associate Member has enrolled in a "Placement
Program", the User Agreement and Acceptable Use
Policy are incorporated herein as if fully set forth.
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Entire Agreement :
This Agreement constitutes the entire agreement
between the parties on the subject matter hereof,
and no other additional promises, representations,
guarantees or agreements of any kind shall be valid
concerning such subject matter unless in writing
and signed by an authorized officer of ALLINDIAJOBBANK.COM
.
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Applicant Acknowledgements and Acceptance of
Terms :
Associate Member acknowledges that Associate Member
has read, understands and agrees to the terms set
forth in this Agreement.
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ALL PAYMENTS TO THE COMPANY,SHOULD BE MADE ONLY
THROUGH A DEMAND DRAFT , PAYBLE AT JAMMU OR DELHI
, AND SENT DIRECTLY TO THE COMPANY's CORPORATE OFFICE
AT JAMMU OR REGD.OFFICE AT DELHI.THE COMPANY IS
NOT RESPONSIBLE FOR ANY CASH TRANSACTIONS DONE BY
AN ASSOCIATE OR SUBSCRIBER.
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