These terms & conditions are for the purpose of Partner Program (hereinafter referred to as “Partner Program”) of NxtWave Institute of Advanced Technologies (NIAT) which is provided by NxtWave Disruptive Technologies Private Limited (hereinafter referred to as “NxtWave” or “Company”) at its sole discretion
Please read these T&C carefully before participating in the Program. By participating in the Program, you agree to be bound by these T&C, which are in addition to and subject to Nxtwave’s “Terms of Use” and “Privacy Policy”.
Agreeing to the T&C hereby means that you consent, agree and undertake to participate in the Program in accordance with the agreed terms and conditions. If you do not agree with any part of the T&C, please do not participate in the Program.
These T&Cs are effective from 1st March, 2024.
1. Definitions & Interpretation
For the purposes of this T&C, unless there is anything in the subject or context inconsistent therewith, the capitalized terms listed below shall have the following meanings:
“Bonus” shall mean any additional amount other than the Commission that is given to the Partner by the Company based on the performance at the sole discretion of the Company.
“NIAT” shall mean NxtWave Institute of Advanced Technologies
“Commission” shall mean the amount earned by Partners for promoting and selling NIAT Program.
“Confidential Information” shall mean any confidential or proprietary information or/and data, whether owned by the Company, its associates or a third party obtained through a confidential arrangement, whether disclosed in oral or written form, including but not limited to any kind of business, commercial or technical information and data including, but not limited to: trade secrets, know how, technology, software, customer information, business plans, processes and ideas disclosed by the Company to the recipient.
“Enrollment” shall mean the payment of Admission Fee (if opted for) and First Semester Fees, as decided by the Company from time to time.
“Program Fee” shall mean the fee charged by the Company for NIAT Program.
“Invitation Link(s)” shall mean the weblink(s) with Partner’s unique code embedded in them, for the purpose of Webinar registration or payments by the Referral.
“Partner” shall mean any individual/organization who registers for the Partner Program of NIAT and promotes NIAT and earns commission. The detailed information relating to NIAT can be checked in the website https://www.niatindia.com/terms-and-conditions
“Referral” shall mean any individual referred by the Partner who has successfully registered for the Webinar or enrolled for NIAT Program, through Partner’s unique Invitation Link.
“Webinar” shall mean the online session (live or recorded) to be attended by the Referrals as prescribed by the Company, in order to enroll for the Program.
2. Terms related to Commission and Bonus
The Commission shall be disbursed in two tranches (Transaction 1, 2) and the Partner shall receive commission in following manner
*TDS Applicable
2. The detailed terms related to each transaction are as follows:
a. Transaction 1:
i. Commission is payable upon receipt of Admission Fee from the Referral to the Company.
b. Transaction 2:
i. Commission is payable after payment of Admission Fee and 1st Semester Fee of NIAT Program subject to completion of the refund period of NIAT described at https://www.niatindia.com/terms-and-conditions, provided no refund was given by the Company during this period.
3. Commission shall not be paid if the Referral claims the refund before the disbursal of commission. If Referral claims a refund post the payment of Commission, then the commission paid to the Partner shall be recovered or deducted/adjusted in future commissions and bonus payable to the Partner.
4. Bonus or Commission shall be subjected to applicable Statutory Deductions such as TDS as per relevant tax laws and regulations.
5. The Commission structure and amount mentioned above is indicative only. The Company reserves the right to modify the terms of Commission, including structure and amounts, from Partner to Partner based on factors such as performance, at its sole discretion.
6. The Company reserves the right to provide Bonus to the Partner at any given time at its sole discretion.
7. The Commission and other benefits are inclusive of all applicable taxes, duties and levies.
8. The Partner shall be eligible for commission, only if the Referral uses the Partner’s Invitation Link during Webinar Registration and all further payments applicable. For the sake of clarity, Commission shall not be granted to the Partner for enrollments made through any other Partner’s Invitation Link. In case of any disputes, the decision of the Company shall be final and binding.
9. If the Partner doesn't raise the invoice within 120 days from the date of notifying the Partner about their eligibility to claim the final tranche of commission (Transaction 2 or 3, as the case may be) with respect to a Referral, the Partner shall forfeit the right to claim or receive the unclaimed commission for that Referral.
10. If the Company receives more than three refund requests from Referrals of a particular Partner and/or suspects misuse of the Partner Referral Program, the Company may immediately suspend their participation in the Partner Referral Program at its sole discretion. The Company may also withhold any amounts to be paid, recover the amounts paid or adjust in future invoices.
11. Payment Timeline a. The Partner shall generate and submit invoices for the commission accrued during a specific week (Monday-Sunday) after the conclusion of that respective week. The payment will be processed within 7 working days of receiving the invoice, provided the Company didn’t seek any clarification or further information related to the invoice.
12. The Partner will not receive any additional commission if their Referral, who is an existing customer of a Program, upgrades/changes to any other Program in future.
3. Confidentiality
The Partner shall maintain the confidentiality of any proprietary or confidential information provided by the Company, in written or verbal form, during the course of their association with the Company and shall not disclose such information to third parties without prior written consent of the Company. The Partner shall immediately return or destroy the Confidential Information upon the Company's request. Confidential Information shall include any copies or abstracts made thereof as well as any modules, samples, prototypes or parts thereof. The terms and conditions of this Partner Referral Program shall be treated as confidential.
4. Indemnification
Partner agrees to indemnify and hold the Company harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to their participation in the program. Partner shall indemnify the Company against any claims or actions brought by third parties arising from their breach of confidentiality obligation, unauthorized use or disclosure of confidential information, or any other violation of the terms and conditions of the program. The indemnification obligations shall survive the completion or termination of the Program. Company shall promptly notify Partner of any claims or actions subject to indemnification, and Partner shall cooperate fully in the defense of such claims.
5. Intellectual Property Rights
Any intellectual property created, developed, or produced by participants in the Program shall be the sole and exclusive property of the Company. Participants hereby assign, transfer, and convey all rights, titles, and interests in and to such intellectual property to the Company without any additional compensation. Company shall have the right to use, modify, reproduce, distribute, display, and sublicense the intellectual property for any purpose, including but not limited to commercialization, marketing, and promotion, without any obligation to compensate participants. Participants warrant and represent that their participation in the program and the creation of intellectual property do not infringe upon any third-party rights. Participants shall indemnify and hold Company harmless against any claims or actions arising from the infringement of intellectual property rights. This intellectual property clause shall survive the completion or termination of the program, and its terms and conditions shall be binding upon participants.
6. General Obligations
1. Company reserves the right to substitute, change, cancel or add to any part of these terms at any time, including terminating the Partner Referral Program. The continued participation of Partner shall be considered as deemed acceptance to the updated terms and conditions.
2. The Partner acknowledges and accepts that the Commission may vary from time to time.
3. Company reserves the right to decline or cancel your participation in the Partner Referral Program, with or without any advance notice, if the Company believes that;
a. The Partner’s participation in any way is impairing the brand and/or goodwill associated with any of the Intellectual Property
b. If the Partner gives to the Company any false or misleading information or makes any misrepresentation in order to induce Company to enter into this Agreement.
c. If the Partner is involved in any suspicious activity.
4. The company holds the power to block the Invitation Link in case of any misuse, at the sole discretion of the Company. In such a case, the Company reserves the right to withhold the Commission/Bonus to be paid, to recover any paid amounts or to adjust in future invoices. Decision of the Company will be final in this case.
5. The Partner cannot use his own unique Invitation Link to register to any other program for themselves.
6. The Partner shall adhere to any promotional guidelines, policies, or instructions provided by the Company from time to time. This includes maintaining the integrity and reputation of the Company and its courses while promoting them.
7. The Partner shall accurately represent the Company's courses and initiatives, ensuring that the information provided to potential referrals is truthful, transparent, and not misleading.
7. Governing Law, Jurisdiction & Dispute Resolution:
1. These Terms & Conditions shall be governed by the laws of India only.
2. Both Parties hereby irrevocably agree to submit all disputes to the exclusive jurisdiction of Hyderabad Courts.
3. Any dispute or disagreement arising from or related to this agreement shall be resolved through mutual discussion in the first instance, failing which it shall be resolved through arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a mutually agreed single arbitrator. The arbitration proceedings shall take place in Hyderabad, India and be conducted in English. The arbitrator's decision shall be final and binding.
4. NxtWave shall not be liable in the event it fails to fulfill any of its obligations under these terms and conditions due to flood, earthquake, storm, cyclone or any other acts of god of similar nature, war, strike, lockout, quarantine, lockdown, or governmental or judicial or quasi-judicial policies/intervention/direction /prohibition or change in law or for any other reasons beyond its control.