ALLINDIAJOBBANK.COM wants you to use the Internet for your Education, research, business promotion and a living. We promote the principles of disclosure and fair information practices among the Web sites and we are committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. ALLINDIAJOBBANK.COM sites will explicitly ask when they need information that personally identifies you or allows them to contact you through your ("Tracking Id Number" and password). Generally this information is requested when registering for a site or when requesting a particular service. When possible, we will provide you with the means to make sure that your ("Tracking Id Number" and Password) are correct. ALLINDIAJOBBANK.COM sites may disclose Tracking Id Number or any information, provided by you, if required to do so by law or in the good-faith belief that such action is necessary to
(a) conform to the edicts of the law or comply with legal process served on ALLINDIAJOBBANK.COM or the site.
(b) protect and defend the rights or property of
ALLINDIAJOBBANK.COM, the site or the users of ALLINDIAJOBBANK.COM
(c) act under exigent circumstances to protect the personal safety of users of ALLINDIAJOBBANK.COM, the site or the public.
ALLINDIAJOBBANK.COM is committed to maintaining its position as a premier Education and Services Portal on the Web. As our Placement Program continues to develop, we may add new services and features. In the event that these additions affect our Privacy Statement, this document will be updated appropriately.
User shall prepay for the "Placement". All fees are non-refundable and non-transferable.
All payments must be received by Draft only. The said Drafts will be in the favour of All India Job Bank .com. and be payable at Delhi..
User Cancellation/ Refund Policy :
No refund is allowed on the program once it is activated.
SITES REMOVED FOR VIOLATION OF THIS AGREEMENT, ANY RELATED AGREEMENT OR POLICY WILL NOT RECEIVE REFUNDS OR ANY ACCRUED COMPENSATION.
Annual Charges/Hosting/Renewal Fee :
The annual hosting/renewal fee for the "Placement Program" is presently Rs.1000/- only. The annual hosting/renewal fee must be paid on or before the due date. In effect all services like Domain Name, Web space, Personal Accident Insurance etc. continue to be available to our associates subject to renewal by the due date.
The term of this agreement is one (01) year from the date this Application is received and approved by ALLINDIAJOBBANK.COM. If ALLINDIAJOBBANK.COM does not notify Associate within two business days that the Application has been denied, it shall be deemed accepted as of its date. There is no renewal fee to renew the optional business plan and it shall renew automatically if Associate who has enrolled in the "Placement Program" renews his/her "Placement Program" license fee. If the "Placement Program" is not renewed, the business center shall also dissolve, and the associate shall not be entitled to earn any commissions out of it .
About one month prior thereto, ALLINDIAJOBBANK.COM will send a notice advising Users of the renewal requirement. If the annual hosting/renewal fee is not paid by the renewal date, ALLINDIAJOBBANK.COM can deny access to the site and of its components. A renewal grace period may be extended at the company's discretion. All facilities under any plan are subject to renewals and are required for maintenance of position.
For any delays beyond 15 days ALLINDIAJOBBANK.COM has the right to cancel the membership.
All rights pertaining to accepting late payments are held by the company. The Company on its sole discretion may accept or reject applications for the program.
Each User must keep any ALLINDIAJOBBANK.COM passwords and other secure access information confidential and notify ALLINDIAJOBBANK.COM promptly if User believes that the security of an account has been compromised. HOWEVER, ALLINDIAJOBBANK.COM CANNOT AND DOES NOT WARRANT SUCH SECURITY AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
Removal of sites :
ALLINDIAJOBBANK.COM cannot and does not screen all content provided on User sites and does not assume any obligation to monitor content. HOWEVER, USER AGREES THAT ALLINDIAJOBBANK.COM MAY MONITOR SITES AND CONTENT PERIODICALLY, AND ALLINDIAJOBBANK.COM RESERVES THE RIGHT AT ITS SOLE DISCRETION TO REMOVE ANY SITE, WITHOUT NOTICE AND WITH NO OBLIGATION TO REFUND FEES PAID, WHICH IN ITS JUDGMENT IS IN VIOLATION OF THIS AGREEMENT OR OTHERWISE IS UNLAWFUL OR HARMFUL TO ALLINDIAJOBBANK.COM AND/OR OTHER USERS.
User can use web sites for business or non-business purposes. However, User may not post, transmit, or market the following: Any material that is threatening, abusive, defamatory, obscene, or otherwise unlawful; Any material that violates the copyrights, trademarks, service marks, trade secrets, patents or other property rights of others; Any pornographic, sexually explicit or gambling material or links to similar adult content; Any material that discloses personal private matters about any person without consent; Any material posted anonymously or under a false name. Any material which disparages ALLINDIAJOBBANK.COM
Misuse of System :
Sites may not contain or transmit any file or software with a virus or other contaminating or destructive features. No User 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.
Responsibility for site :
Materials included on web sites may include inaccuracies, errors, or out-and-out untruths. User agrees that ALLINDIAJOBBANK.COM has no liability or responsibility for any content, including the quality, accuracy, completeness, legality, or usefulness of any information, product, service or process promoted on other web sites or on User web sites. IN NO EVENT SHALL ALLINDIAJOBBANK.COM BE LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY KIND ARISING FROM THE CONTENTS OF USER'S WEB SITE AND USER HEREBY INDEMNIFIES AND AGREES TO HOLD ALLINDIAJOBBANK.COM HARMLESS THERE FROM. References in User's site to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply an endorsement or recommendation by ALLINDIAJOBBANK.COM . Product and service information is the sole responsibility of each individual site owner/user. User is solely responsible for compliance with laws governing the offering, sale, licensing, or other marketing and taxation of any products. On occasion, ALLINDIAJOBBANK.COM will undergo routine maintenance or experience unexpected technical problems. ALLINDIAJOBBANK.COM will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. ALLINDIAJOBBANK.COM may be required to access User's web site from time to time to provide maintenance. ALLINDIAJOBBANK.COM will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by User; or temporary or permanent loss of data.
USER INDEMNIFIES AND HOLDS ALLINDIAJOBBANK.COM HARMLESS AGAINST ALL CLAIMS MADE BY ANY THIRD PARTY, AND ANY RELATED DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ARISING OUT OF OR CONNECTED WITH THE USER'S CONDUCT, THE USER'S WEB SITE OR ONLINE STORE, THE GOODS OR SERVICES THE USER OFFERS, OR ANY VIOLATION OF THIS AGREEMENT BY USER.
Limitation of Liability :
ALLINDIAJOBBANK.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE "Placement” Program, PRODUCTS OR SERVICES SUPPLIED THERE UNDER OR MARKETING MATERIALS SOLD, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALLINDIAJOBBANK.COM will not be liable to any User for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of, or inability to use, the "Placement Program" and included components and related services, products or marketing materials provided to any User. Parts of the Program are obtained from third party suppliers. ALLINDIAJOBBANK.COM shall not be liable for, and User shall indemnify and hold ALLINDIAJOBBANK.COM harmless from, all liability arising from the failure of any such third party supplier to perform. Without limiting the applicability of the foregoing, the total liability of ALLINDIAJOBBANK.COM for any and all damages arising from or connected with this Agreement, the Program or the services, products or marketing materials provided to any User shall not exceed the total fees paid by the User to ALLINDIAJOBBANK.COM during the 12-month period immediately preceding the initial occurrence of the event causing the damages.
Personal and Non-Commercial use Limitation :
The "Placement Program" is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the "Placement Program". This provision applies to the "Placement Program" documentation, including without limitation all Information/ Education/ Software/ Controls contained in it and is not a prohibition against using the website for commercial purposes.
Links to Third Party Sites :
The "Placement Program" may contain links to Web sites operated by parties other than ALLINDIAJOBBANK.COM. Such links are provided for your convenience only. The Company does not control such Web sites, and is not responsible for their contents. ALLINDIAJOBBANK.COM's inclusion of links to such Web Sites does not imply any endorsement of the material on such Web sites or any association with their operators.
No Unlawful or Prohibited Use :
As a condition of your use of the " Placement Program", you warrant to ALLINDIAJOBS.COM that you will not use the " Placement Program" for any purpose that is unlawful or prohibited by the User Agreement or these terms, conditions, and notices.
Use of Online Web Communities :
If the " Placement Program" contains Tutorials, email services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, "Communities"), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Community, you will not Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or of ALLINDIAJOBBANK.COM
Publish, copy, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, sexually explicit, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer Advertise or offer to sell any goods or services for any commercial purpose unless proper, legal and related to the particular Forum. Conduct or forward surveys, contests, pyramid schemes or chain letters unless proper, legal and related to the particular Forum. Download or forward any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communities.
ALLINDIAJOBBANK.COM reserves the right to terminate your access to any part or all of the "Placement Program at any time without notice for any reason whatsoever.
ALLINDIAJOBBANK.COM has no obligation to monitor the Communities or the web sites of purchasers of the "Placement Program". However, ALLINDIAJOBBANK.COM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials there from, in whole or in part, in ALLINDIAJOBBANK.COM's sole discretion.
You acknowledge that all Communities and User Web Sites are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community or User Web Site. ALLINDIAJOBBANK.COM does not control or endorse the content, messages or information found in any Community or User Web Site and, therefore, ALLINDIAJOBBANK.COM specifically disclaims any liability with regard to the Communities or User Web Site and any actions resulting from your participation in any Community or use of a User Web Site. Forum managers and webmasters of User Web Sites and hosts are not authorized ALLINDIAJOBBANK.COM spokespersons, and their views do not necessarily reflect those of ALLINDIAJOBBANK.COM.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the "Placement Program", you are granting ALLINDIAJOBBANK.COM permission to:
1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Software available Online "Placement Program" :
Software (if any)/ Tutorials that is made available by the "Placement Program" ("Software") is the copyrighted work of ALLINDIAJOBBANK.COM and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, ALLINDIAJOBBANK.COM hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the " Placement Program" in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all Information/ Education/ Software/ Controls contained in the "Earn While You Learn Program", is owned by ALLINDIAJOBBANK.COM and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of INDIA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to INDIA export restrictions.
Liability Disclaimer :
The information, software, products, and services included on the "Placement Program" may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ALLINDIAJOBBANK.COM and/or its respective suppliers may make improvements and/or changes to the " Placement Program" at any time. Advice received via the "Placement Program" or in any manner from ALLINDIAJOBBANK.COM, or its advisers, should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. ALLINDIAJOBBANK.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE "Placement Program" FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ALLINDIAJOBBANK.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Access Restriction :
ALLINDIAJOBBANK.COM reserves the right to deny in its sole discretion any user access to the " Placement Program" or any portion thereof without notice.
Modifications of these Terms and Conditions :
ALLINDIAJOBBANK.COM reserves the right to change the terms, conditions, and notices under which the " Placement Program" is offered.
This agreement is governed by the laws of the State of New Delhi, INDIA. You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, INDIA. in all disputes arising out of or relating to the acquisition or use of the " Placement Program". Use of the " Placement Program" is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ALLINDIAJOBBANK.COM as a result of this agreement or use of the " Placement Program". ALLINDIAJOBBANK.COMs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ALLINDIAJOBBANK.COM's right to comply with governmental, court and law enforcement requests or requirements relating to your acquisition or use of the " Placement Program" or information provided to or gathered by ALLINDIAJOBBANK.COM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement and related agreements under the "Terms or Judicial or Legalities" button constitutes the entire agreement between the user and ALLINDIAJOBBANK.COM with respect to the use of the " Placement Program" and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ALLINDIAJOBBANK.COM with respect to the " Placement Program". Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
Copyright and Trademark Notices :
All contents of the "Placement Program" are Copyright of ALLINDIAJOBBANK.COM and/or its suppliers. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
Participation in the ALLINDIAJOBBANK.COM Home Based Business it Totally Optional :
Applicant, when accepted, is called "Associate." Associate represents and warrants that Associate understands the marketing program and the compensation plan and is not relying on any representation or promise that is not contained in this Agreement or other official Company material, be it print media, video/audio media or any other form of advertisement/ promotion.
Promises by Referring Associate :
ALLINDIAJOBBANK.COM makes the promises contained in this Agreement and in other official Company material and no Associate is authorized to make any other promises to a prospective Associate. If Applicant relies on any promises made by an Associate trying to refer him or her that are not in this Agreement and/or official Company material, and that referring Associate fails to keep any such promise, the Applicant shall only have recourse against such referring Associate and not the Company. However, in such an event, Applicant is encouraged to file a complaint with the Company. Upon receipt of such a complaint, the Company will conduct such investigation as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Associate. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Associate, and not the Company.
Associate Rights and Responsibilities :
By applying to participate in the ALLINDIAJOBBANK.COM Placement Program, the user is also entitled to earn commissions by referring it to others, provided he/she understands and agrees to the associates agreement. Associate understands that Associate will be bound by the terms hereof and that Associate will be entitled to participate as an Associate, upon acceptance of a valid application by ALLINDIAJOBBANK.COM , with a Business node. After enrolling two people directly in the program, Associate will be eligible to collect commissions of the Business Center. Associate understands that to earn commissions in the Program, Associate is responsible for generating business for his/her self and ALLINDIAJOBBANK.COM. To do this, Associate will personally refer enrolling of others in the program, will build his or her sales team and will contact prospects by phone and in person and attend local training meetings of ALLINDIAJOBBANK.COM representatives. Associate is responsible for training those referred by Associate and teaching them how to train ones they refer. Associate understands that participation in the Program does not affect the ALLINDIAJOBBANK.COM program price or any other product or service price.
Applicant shall sign a Non-Disclosure Agreement with ALLINDIAJOBBANK.COM and shall provide all necessary information as required by ALLINDIAJOBBANK.COM pertaining to the present Agreement.
Every Associate Member shall promptly intimate to ALLINDIAJOBBANK.COM as also the Member who had recruited him/her in the hierarchy regarding any further recruitment made by him down the line.
All Business Associates must understand and undertake that they can not participate directly or indirectly in any other network company concept. If an associate is found to take interest or participate directly or indirectly in any other network company, it will amount to a breach of trust and ALLINDIAJOBBANK.COM reserves the right to delete the defaulting associates codes and there will be no further payments under any plan or incentives payable to such associates.
Payments to Associates :
ALLINDIAJOBBANK.COM pays Marketing Fee /Commission Associates for Team Sales. There is no payment for recruitment of others into the Home Based Business Program.
The term "Team Sales" includes all Sales achieved as a result of you and your Teams efforts. These include Sales made as a result of the efforts by you, your Down-line sales Team and Spillover from your direct Up-line.
ALLINDIAJOBBANK.COM presently makes payments of the compensation earned on a Weekly basis.
The Drafts will be forwarded to Associates by courier. Actual Draft + Courier charges will be adjusted from each payout.
We are also planning an association with UTI/SBI Bank. For all associates maintaining accounts with these Banks, payments will be credited directly into their accounts. Associates will also effectively get a multi city banking facility.
Upper limit :
There is a limit of Rs. 50,000/- (Fifty thousand only) per Week that can be earned by any one Business Associate in each week including the total of all payouts under all different plans and incentives.
ndependent Contractor :
Associate agrees that Associate is an independent contractor, called an "Associate," and will have no authority to bind the Company to any obligations. The relationship between Associate and ALLINDIAJOBBANK.COM is established only by this Agreement and Associate is not an agent, employee or any other legal representative of ALLINDIAJOBBANK.COM or its service providers. Associate is solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of Associate's business activities. Associate agrees to abide by any national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement. At Associate's own expense, Associate will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement.
Policy / Rate Changes :
Associate agrees that ALLINDIAJOBBANK.COM may, from time to time with a general notice, change the compensation plan, rates, prices and charges, or this Agreement to be applicable to all Associates. If Associate chooses to remain in the program, Associate agrees to abide by those changes. Any such notice shall be deemed to have been given and received as of the day after such notice is posted on Associate's ALLINDIAJOBBANK.COM web site and/or the day the change is put on the Company's Conference Call, sent by e-blast, disseminated via Mail or other mode of mass communication. It is Associate's responsibility to stay abreast of developments communicated in this fashion.
Cross Sponsoring / Referring :
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.
Filing Complaints :
If an Associate desires to file a complaint against another Associate for violation of this Agreement, please send an e-mail to firstname.lastname@example.org to get the procedures for doing so.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Address for Associate shall be as is maintained in the records of ALLINDIAJOBBANK.COM.
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.
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.
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.
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.
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 .
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.
ALL PAYMENTS TO THE COMPANY,SHOULD BE MADE ONLY THROUGH A DEMAND DRAFT , PAYBLE AT DELHI , AND SENT DIRECTLY TO THE COMPANY's CORPORATE OFFICE AT REGD.OFFICE AT DELHI.THE COMPANY IS NOT RESPONSIBLE FOR ANY CASH TRANSACTIONS DONE BY AN ASSOCIATE OR SUBSCRIBER