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AFFILIATES PROGRAM AGREEMENT
This agreement (“Agreement”)
is by and between Dreamstoreonline.com Pvt. Ltd.., a company
incorporated in India, and the Participant.
Dreamstoreonline.com Pvt. Ltd.
operates the Teamgalleryone.com Website and Affiliate Program,
defined as a program that allows a Participant to create a
hyperlink on its respective website that links the Participant’s
website to Teamgalleryone.com for the purpose of Business to
Business protocol, such that any “Transaction” made in
pursuance to such linking at the Teamgalleryone.com website
progresses the affiliate program and its resultant contractual
terms.
Transaction refers to the purchase
of the Work(s) of Art or any other products that may be exhibited
on Teamgalleryone.com from time to time.
In this
agreement, Teamgalleryone.com and Dreamstoreonline.com Pvt. Ltd
are collectively referred to as “Teamgalleryone.com".
The term "Participant/Affiliate"
refers to you (the applicant).Wherever the agreement refers to
"you" or "your", it means "the
Participant/Affiliate"; "we" or "our"
refer to “Teamgalleryone.com”.
Both “Teamgalleryone.com"
and "Participant/Affiliate" are collectively referred to
as “Parties”.
This agreement describes the entire
terms and conditions for participation in the Teamgalleryone.com
Affiliate Program (“the Program”) regarding
the establishment of links from your affiliate web site (“your
site” or “Affiliate site”) to our web site,
www.teamgallery.com (“our site”).
Clause 1: Enrolment:
1.1 In order to join the
Affiliate Program, you will need to provide Teamgalleryone.com
with an email and password log-in combination and you shall submit
a complete Affiliate Program application via our site.
1.2 You agree and undertake
not to reveal your log-in information to any third party. If you
share your log-in information with a third party, we are not
responsible for any changes made to your Account Page by said
third party. We also reserve the right to terminate this agreement
if we discover that you have shared this information with any
third party in violation of this agreement.
1.3 Your application shall not
be accepted if:
a)
you are below the age of 18;
b)
that your site is unsuitable for the Affiliate Program for
any reason, including, but not limited to, inclusion of content
that is in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically, or otherwise
objectionable, including under the law of any country with which
the Participant may be associated with.
1.4 We reserve the right to
accept your application on the disqualifications given in Clause
1.3 being rectified. However, if at any stage it is discovered at
our instance or is bought to our notice that you site is
unsuitable for the Program, we may terminate this Agreement
immediately without prior notice.
Clause 2: Affiliate relationship
2.1 We shall
provide you with the procedures and links to use in linking to our
Site. The said links may consist of graphics, text or other
components. To ensure accurate tracking, reporting and commission
accrual, we undertake to provide you with special tagged link
formats to be used in all links between your site and our site.
2.2 You agree
that it is your responsibility to ensure the proper usage of these
links. The frequency and the mode of display of the links are
subject to the concurrence of both the Parties. You expressly
agree to use the link as a whole as indicated by us.
2.3 You agree that you shall display
on your site only those links that are provided by us, and you
shall substitute the images or text as directed by us with any
images or text provided by us from time to time throughout the
term of this Agreement.
2.4 By entering into this Agreement,
you agree that you shall abide by all Teamgalleryone.com
guidelines and policies, Privacy Policy and all other policies as
may be posted on the Teamgalleryone.com website and as may be
amended from time to time and cooperate fully with us in order to
establish and maintain such Links.
2.5 We grant
you non-exclusive permission to use the graphic images and text or
any other component of the link solely for the purpose of
identifying your site as a Program participant and to assist in
generating sales. We reserve all rights to any graphic image, text
or component of the link, or any other images, our trade name,
trademark, copyright or any other intellectual property and also
reserve the right to initiate appropriate legal action in the
event of the violation of this clause.
2.6 You agree and accept that
during the subsistence of this Agreement your site shall not host
a link of or glorify in any manner whatsoever any other Internet
portal that is engaged in the business that is similar to ours
which includes inter alia procurement, display, purchase,
sale and promotion of Art and Work(s) of Art. You agree not to
indulge in any activities that may result in a loss to our
business, reputation and goodwill including but not limited to
hosting, supporting, operating, propagating in any manner
whatsoever any entity that is engaged in the same business as
Teamgalleryone.com.
2.7 You agree and accept to display
our links in a conspicuous manner in line with the accepted trade
norms and industry practice.
2.8
Subsequent to the termination of this Agreement, you hereby agree
and undertake to refrain from supporting,
operating, propagating in any manner whatsoever any entity that
holds a descriptive similarity to the domain names of
Teamgalleryone.com or any of its related companies and affiliates
or any entity that has the same getup, layout and arrangement of
features similar to Teamgalleryone.com or to indulge in any act or
omission that may harm the business, goodwill and reputation of
Teamgalleryone.com.
2.9 You expressly agree and
undertake to refrain from:
a) Altering, modifying or manipulating any
image or text or any other component of the link;
b) Using the link or any component of the link
in any form other than the form provided by us;
c)
Removing any code or identifying information from the link; or
d) Inactivating the link associated with any
image or text or causing the image or text to ultimately link to a
destination other than our Website.
Such undertaking shall
apply even after termination or expiry of this Agreement, wherein
the use of any graphic image, text or component of the link or of
any similar image, text or component of the link or of any similar
image, text or component or the misuse of any such graphics, texts
or components as may facilitate a false association or origin as
may be connected to or directed towards the reputation and
goodwill of Temagalleryone.com shall constitute a reasonable
ground for the initiation of legal proceedings against you.
Clause 3: Responsibilities of
Teamgalleryone.com
3.1 Subject to the terms and
conditions of this Agreement, we shall be solely responsible for
the following:
a)
Processing every order placed by the customer who is directed to
our site from the link on your site;
b)
Delivery of the order of the customer or any other task vis-à-vis
the customer including but not limited to realization of payments,
returns, cancellations etc.;
c)
Transacting with artists/gallery/students/individuals who may be
directed to our site from the link on your site due to the art
centric nature of the site;
d)
For tracking the volume and amount of sales accruing in our favour
from the consumer traffic being directed to our site from the link
on your site;
e)
Reporting information to you regarding sales statistics and the
mode and the frequency of such reporting would be as mutually
agreed upon by the Parties.
Clause 4: Affiliate’s Responsibilities
4.1 You shall be solely responsible
for the development, operation, and maintenance of your site and
for all materials that appear on your site. Such responsibilities
include, but are not limited to the technical operation of your
site and all related equipment, creating and posting product
descriptions, and references on your site and linking those
descriptions to our site, the accuracy and propriety of materials
posted on your site, ensuring that materials posted on your site
do not violate or infringe upon, without limitation, the
copyrights, trademarks, privacy or other personal or proprietary
rights of any third party.
4.2 Subject to the terms and
conditions of this Agreement, you shall be solely responsible for
the following:
a) If
you qualify and agree to participate as an Affiliate Site, you may
display Links prominently throughout your site in a manner
consistent with this Agreement;
b) You
shall be entitled to earn the due consideration for customer sales
as set forth herein;
c) You
shall not use any existing or future software product or service
(including, without limitation, any computer programming code that
is an add-on or bundled with any browser or other host
application) that will replace, insert, read, intercept, record,
redirect, interpret, or fill in the contents of any electronic
form or other materials submitted to Teamgalleryone.com by any
other person or entity.
d) You
shall not use any existing or future software product or service
(including, without limitation, any computer programming code that
is an add-on or bundled with any browser or other host
application) that will replace, insert, read, intercept, record,
redirect, interpret, append itself to, or otherwise intercept or
interfere in any manner with any click-through or other
traffic-based transaction that originated from any
Teamgalleryone.com Affiliate affecting in any manner any
compensation or other payment earned by or owing to any such
Teamgalleryone.com Affiliate.
e) You
shall not in any way modify, redirect, suppress, or substitute the
operation of any button, link, or other interactive feature of our
site.
f)
You shall not use any existing or future software product or
service (including, without limitation, any computer programming
code that is an add-on or bundled with any browser or other host
application) that will replace, intercept, interfere, hinder,
disrupt or otherwise alter in any manner a World Wide Web user’s
access, view or usage of, or other aspect of such user’s
experience at any Affiliate’s website in a manner that
causes or otherwise results in a different experience from what
was otherwise intended by such Affiliate. You shall not take any
action that could reasonably cause any confusion to the user as to
what website transactions or actions are occurring.
g) You
shall not cause the creation or over-writing of any commission
tracking cookie on a consumer’s computer unless it is the
direct result of a click, on a link to the Teamgalleryone.com
site. You shall not cause the creation of any commission tracking
cookie on a consumer’s computer through the means of
automatically popping up the Teamgalleryone.com site, through the
use of “I-frames” nor through any other method, other
than through a direct consumer-initiated click, on a link to the
Teamgalleryone.com site.
h)
Except for linking as described above, you shall not post or serve
any advertisements or promotional content around or in conjunction
with the display of our site (e.g., through any “framing”
technique or technology or pop-up windows) and indulge in phishing
or assist, authorize, or encourage any third party to take any
such action.
i)
You understand that the use of unsolicited commercial e-mail
(“spam”) by Teamgalleryone.com affiliates is
absolutely prohibited. Your participation in the
Teamgalleryone.com Affiliate Program constitutes your specific and
unconditional agreement to abide by this anti-spam policy. Use of
any lists, whether purchased or created, compiled by means of
automated tools are not permitted. Also, you must use valid e-mail
headers at all times.
j)
You agree and undertake that that your site at all times
shall be free from content that is pornographic, libelous,
discriminatory in any manner, or is unlawful or illegal under the
applicable laws.
k) You
shall not create, publish, circulate, distribute, or permit any
written material including electronic mail and postings on the
Internet that makes reference to us without first submitting such
material to us and receiving our prior written consent.
l)
If we determine, in our sole discretion, that you have engaged in
any of the foregoing activities listed in Section 4a through 4k,
we reserve the right (without limiting any other rights or
remedies available to us) to withhold any commission otherwise
payable to you under this Agreement and/or terminate this
Agreement immediately without prior notice.
4.3 We
disclaim all liability for all development, operational,
maintenance and content matters related to your site. Further, you
shall indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, legal fee) relating to
the development, operation, maintenance, and contents of your
site.
Clause
5: Commissions
5.1 We will pay you the
commission rate @______% of the Net Sales to us by users of your
site who purchase the Work(s) of Art from our site utilizing the
Links between our site and your site, excluding amounts collected
by us for sales taxes, duties, shipping, handling, gift wrapping
and similar charges ("Net Sales"). Net Sales will also
be reduced for amounts due to credit card fraud, bad debts and
credits for returned goods.
5.2 We will pay you
commissions on a monthly basis. Approximately sixty (60) days
following the end of each month, we will send you payment for the
commissions earned on Work(s) of Art that we shipped during that
month, less any taxes that we are required by law to withhold. If
Work(s) of Art that generated a commission is returned by the
customer, we will deduct the corresponding commission from your
next monthly payment. If in particular month, no sales have been
generated from your link; the same shall be intimated to you
approximately sixty (60) days following the end of each month. If
in this month, there has been a return by the customer of the
Work(s) of Art that generated a commission, will shall send you a
bill for the fee, which bill must be paid within ten (10) days of
receipt. The Commission Rate and the mode of payment is subject to
change at any time or from time to time.. You will be notified of
any change in the Commission Payment Floor, pursuant to the
provisions of Clause 13 of this Agreement.
5.3 A commission will
only be paid if the visitor to our site is tracked by the system
from the time of the Link to the time of the sale. No commission
will be paid if the visitor to our site cannot be tracked by our
system. If a visitor comes to our site once from a link from Site
A and then later returns to our site from a link from Site B, all
commissions will be paid to Site B.
5.4 Only Work(s) of Art
that are sold by us (to users of your site through Links to our
site), shipped to a customer and for which we have received full
payment will qualify for a commission. For a sale to generate a
commission the customer must follow the Link from your site to our
site, purchase the product or products in question using our
online ordering system, accept delivery of the item at the
shipping destination, and remit full payment to us.
5.5 Should it happen
that there is a credit card fraud, reversal of credit card
payment, death of the artist or the creator of the Work(s) of Art,
inability to procure the Work(s) of Art due to any reason
including but not limited to theft, loss or disfigurement of the
Work(s) of Art during transit, damage caused by any reason to the
Work(s) of Art, inability to verify or authenticate the
credentials of the Artist or the Work(s) of Art, if the Work(s) of
Art turns out to be counterfeit or any other reason by way of
which there has been no sale and remission of full payment to us,
then notwithstanding the terms and conditions of this Agreement,
or any other Agreement or understanding between Teamgalleryone.com
and the customer, creator of Work(s) of Art or the credit card
companies, Teamgalleryone.com shall not owe the Affiliate any
commission on such transactions and if such commission has already
been paid, the same shall be deducted from the monthly payment of
the commission as per the provisions of Clause 5.2 of the
Agreement.
5.6 Notwithstanding the
provisions of this Agreement, it is clearly understood between the
Parties that the aggregate liability of Teamgalleryone.com arising
with respect to this agreement and the affiliate program and for
all transactions flowing in pursuance thereto including but not
limited to the specifications laid down in Clause 5.5 of this
Agreement, will not exceed the total commissions paid or payable
to you under this Agreement.
Clause 6.
Policies and Pricing
6.1 Customers who buy
Work(s) of Art through the Affiliate Program will be deemed to be
customers of Teamgalleryone.com. Accordingly, Teamgalleryone.com
all rules, policies, and operating procedures concerning customer
orders, customer service, and sales will apply to those customers.
We may change our policies and operating procedures at any time.
For example, we will determine the prices to be charged for
Work(s) of Arts sold under the Affiliate Program in accordance
with our own pricing policies. Work(s) of Art prices and
availability may vary from time to time.
6.2 Teamgalleryone.com
will make every effort to keep its Web site operational. However,
certain technical difficulties may, from time to time, result in
temporary service interruptions. Affiliate agrees not to hold
Teamgalleryone.com liable for any of the consequences of such
interruptions.
Clause 7: Intellectual Property
Rights
7.1 As an Affiliate, you are solely
responsible for ensuring that any and all materials provided by
you, including your logo and preamble text do not infringe upon
the rights, including the intellectual property rights, of any
third parties. You must have express permission to use another
party's material over which the party has intellectual property
rights. Teamgalleryone.com will not be responsible if you use
another party's protected material in violation of the law.
Between Teamgalleryone.com and Affiliate, the following will
apply:
a)
Each party shall retain all right, title and interest in and to
its respective trademarks, service marks and trade names worldwide
("Intellectual Property") subject to a limited
non-exclusive, non-transferable license necessary to perform this
Agreement. Each party grants the other a royalty-free,
non-exclusive, non-transferable license, during the term of this
Agreement to include such party's pre-approved Intellectual
Property solely in connection with the promotions and marketing
contemplated hereunder as set forth above.
b)
Each party shall use the other's Intellectual Property only as
provided, and shall not alter the Intellectual Property in any
way, nor shall it act or permit action in any way that would
impair the rights of the owning party in its Intellectual
Property. Each party acknowledges that its use of the other
party's Intellectual Property shall not create any right, title or
interest in or to such Intellectual Property. Each party shall
have the right to monitor the quality of the other party's use of
its Intellectual Property. Any references to a party's
Intellectual Property shall contain the appropriate trademark,
copyright or other legal notice provided from time to time by
owning party.
c)
Each party agrees and undertakes not to display the Trademarks in
any manner that implies sponsorship, endorsement by the other
outside the realm of involvement in the Affiliates Program. Both
parties agrees not to use the Intellectual Property to disparage
the other party, its products or services, or in a manner which,
in a reasonable judgment, may diminish or otherwise damage the
other party’s goodwill.
d)
Neither party may alter or remove any proprietary notices from the
other's Intellectual Property. Any goodwill accruing from the use
of such Intellectual property shall inure to the licensor of such
Intellectual Property hereunder.
e)
Each party expressly reserves all rights not granted to the other
party herein.
Clause 8: Representations and
Warranties
8.1 Each party hereby represents and
warrants that it is the sole and exclusive owner of the
Intellectual Property or has the right and power to grant under
law or an agreement to the license to use same in the manner
contemplated herein, and such grant does not or will not
a) Breach, conflict with or
constitute a default under any agreement or other instrument
applicable to either of the parties or binding upon either of
them, or
b) Infringe upon any trademark,
trade name, service mark, copyright, or other proprietary right of
any other person or entity.
8.2 Each
Party has the full right, power and authority to enter into this
Agreement and to perform all of its obligations hereunder and this
Agreement constitutes a legal, valid, and binding obligation,
enforceable against either of the Parties in accordance with its
terms.
8.3 If it is found that any of
the representations made by either of the parties within the terms
of the Agreement are false or untrue to any extent, the other
party reserves the right to initiate legal action against the
defaulting party.
8.4 The execution, delivery,
and performance by the Parties of this Agreement and the
consummation by them of their respective transactions contemplated
hereby shall not, with or without the giving of notice, the lapse
of time, or both, conflict with or violate (i) any provision of
law, rule, or regulation of the applicable law, (ii) any order,
judgment, or decree applicable to either of them or binding upon
their assets or properties, (iii) any provision of their by-laws
or certificate of incorporation, or (iv) any agreement or other
instrument applicable to them or binding upon their assets or
properties.
8.5 No consent, approval, or
authorization of, or exemption by, or filing with, any
governmental authority or any third party is required to be
obtained or made by either of them in connection with the
execution, delivery, and performance of this Agreement or the
taking any other action contemplated hereby.
8.6 To the best of the
knowledge of both the parties, there is no pending or, threatened
claim, action, or proceeding against them, or any affiliate of
theirs, with respect to the execution, delivery, or consummation
of this Agreement, or with respect to their Intellectual Property
to be licensed within the scope of this Agreement , and, to the
best of their knowledge, there is no basis for any such claim,
action, or proceeding.
Clause 9:
Terms of the Agreement:
9.1 The term of this Agreement will
begin upon our acceptance of your Affiliate Program Application
and will end when terminated by either party. Either you or we may
terminate this Agreement at any time, with or without cause, by
giving the other party notice of termination. The termination
shall be effective from ten(10) days of receipt of the notice,
unless agreed otherwise by the Parties. Notice by e-mail, to
either of the parties address on records, is considered sufficient
notice for us to terminate this Agreement.
9.2 On termination of the Agreement
as per the provisions of Clause 9.1, a statement shall be prepared
which defines the particulars of the commissions to be paid up to
the date of termination. The commission shall be calculated as per
the provisions of Clause 5.1 of the Agreement. Any returns by the
customer shall be reduced from the commission and shall be
dealt and paid in the manner laid down in Clause 5.2 of the
Agreement.
9.3 If this Agreement is terminated
because you have violated the terms of this Agreement or if this
Agreement is terminated because your site becomes subject to the
Content Restrictions set forth herein, you are not eligible to
receive any commission payments, even for commissions earned prior
to the date of termination. If this Agreement is terminated for
any other reason, you are only eligible to earn commissions on
sales occurring during the term of the Agreement, and commissions
earned through the date of termination will remain payable only if
the related orders are not canceled or returned. We reserve the
right to withhold your final payment for a reasonable time to
ensure that the correct amount is paid.
Clause 10: Modifications:
10.1 Teamgalleryone.com reserves the
right to change any of the terms and conditions in this Agreement,
at any time and in its sole discretion, upon prior notice to
Affiliate by posting a new agreement on our Web site. Such new
terms will take effect 10 days after posting. Without limiting the
generality of the foregoing, all other provisions of this
Agreement are subject to change without notice other than posting
such information on our Web site, except that we will not reduce
the Commission prior to the effective date of the modifications to
this Agreement.
10.2 You may not change or modify
this Agreement. If any modification is unacceptable to you, your
only recourse is to terminate this Agreement. Your continued
participation in the Affiliate Program, following our posting of a
change notice or new agreement on our site, will constitute
binding acceptance of the change.
Clause 11: Indemnification:
11.1 You hereby agree to defend,
indemnify and hold harmless Teamgalleryone.com, its parent,
subsidiary and affiliated companies and its and their directors,
officers, employees, affiliates and agents, against any claim,
demand, cause of action, debt or liability, including reasonable
attorney's fees, to the extent that (i) it is based upon a breach
of your representations, warranties or obligations hereunder; (ii)
it arises out of your negligence or willful misconduct; (iii) it
is based upon your of any provision of applicable law or
regulation in providing products or services hereunder; (iv) any
claim or threatened claim that our use of the Affiliate Trademarks
infringes on the rights of any third party; (v) or any claim
related to your site; or (vi) any unauthorized use of any Vendor
Images, banner advertisements, button links, text links or other
Work(s) of Art or materials supplied to you by us.
11.2 We will not be liable for
indirect, special, or consequential damages, or any loss of
revenue, profits, or data, arising in connection with this
agreement or the affiliate program, even if we have been advised
of the possibility of such damages. Further, our aggregate
liability arising with respect to this agreement and the affiliate
program will not exceed the total commissions paid or payable to
you under this agreement.
Clause 12: Miscellaneous:
12.1 Affiliate and
Teamgalleryone.com are independent contractors and nothing in this
agreement is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative or
employment relationship between the parties. Affiliate shall not
assign this Agreement, by operation of law or otherwise, without
the prior written consent of Teamgalleryone.com. Affiliate will
have no authority to make or accept any offers or representations
on Teamgalleryone.com’s behalf. Affiliate will not make any
statement, whether on its site or otherwise, that reasonably would
contradict anything in this Section.
12.2 Subject to the foregoing
restriction, this Agreement is binding upon, insures to the
benefit of and is enforceable by the parties and their respective
successors and assigns.
12.3 Affiliate and
Teamgalleryone.com agree that the terms of this Agreement and the
Agreement itself are confidential and neither party shall divulge
the business terms and conditions of this Agreement or the
existence of the Agreement itself without the prior written
consent of the other party.
12.4 We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of
the Site may be interfered with by numerous factors outside of our
control.
12.5 If any provision of this
Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
12.6 Headings are for reference
purposes only and in no way define, limit, construe or describe
the scope or extent of such section.
12.7 Either of the Parties failure
to act with respect to a breach by that respective party or any
third party does not waive that party’s right to act with
respect to subsequent or similar breaches.
12.8 This Agreement sets forth the
entire understanding and agreement between us with respect to the
subject matter hereof.
12.9 Neither of the Parties hereto
shall be responsible for any delay or non performance of this
Agreement if such delay or non-performance shall be due to any
cause of force majeure such as, without limitation,
earthquakes, typhoon, floods, fires, strike, riots, civil
commotion, wars or warlike condition, restriction, guidance or
instruction of the Government, change of laws and
regulations and all or any other causes beyond the control
of such Party. The Party which claims force majeure shall
as soon as possible, in any event within seven days of occurrence
of the event, notify in writing the other Party of the occurrence
of such force majeure and the Parties hereto shall discuss how to
deal with the force majeure.
Clause 13: Notice
13.1 Any notice and other
communications provided for in this Agreement shall be in writing
and shall be either transmitted by facsimile transmission, email
or by recognized courier service, on the addresses and contact
numbers and email addresses mentioned below.
Teamgalleryone.com
Facsimile:_________
Email___________
Address__________
Affiliate
Facsimile:_________
Email___________
Address__________
13.2
All
notices shall be deemed to have been given validly on:
a) the
date immediately after the date of transmission with a facsimile
confirmation or by e-mail, if transmitted by facsimile /e-mail
transmission, or
b)
the date of receipt, if transmitted by
courier/registered or speed post.
Clause 14: Dispute Resolution
14.1
Subject to the terms and conditions of this
Agreement, the Parties shall endeavour to agree and resolve any
issues/ matter with differing views, including
matters requiring affirmative vote of nominees of the Parties
through mutual discussions.
14.2
If the Parties fail to arrive at a settlement
within 30 days of such issue being raised by either
Party, all such disputes, controversies or claims arising out of
or in connection with this Agreement or from agreements resulting
there from, or the breach, termination or invalidity thereof shall
be exclusively and finally settled by arbitration of a sole
arbitrator.
14.3
Authorized representatives of both the Parties
shall appoint the sole arbitrator with mutual consent. If
the appoint authorities fail to agree upon the name of the sole
arbitrator or fail to act upon the request for appointment of an
arbitrator within 30 days, then either Party may have the
arbitrator appointed in accordance with the provisions of the
Arbitration and Conciliation Act, 1996. The place of
arbitration shall be New Delhi and for any reference to courts,
the Parties agree to submit to the exclusive jurisdiction of
courts in New Delhi. The Arbitration proceedings shall be governed by
the Arbitration & Conciliation Act, 1996 or any statutory
amendment made thereto. The arbitration proceedings shall be in
English. The arbitrator shall record the evidence of the Parties
and give a reasoned award. The decision of the arbitrator
shall be final and binding on the Parties.
14.4
Alternatively, any Claim may be adjudicated by
a court of competent jurisdiction located in New Delhi, India.
14.5
This Agreement shall be governed in all
respects by the laws of India.
THIS IS A LEGAL AGREEMENT BETWEEN
YOU AND Teamgalleryone.com. BY CLICKING ON THE "ACCEPT"
BUTTON AT THE END OF THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING
THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND
ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND
YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
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