These Agent Terms & Conditions ("Agent Terms") govern your registration and participation as a referral agent ("Agent", "you", "your") of E-Vidya Academy, a sole proprietorship business owned and operated by Kumudini Rout (hereinafter "the Proprietor", "we", "us", "our" — since a sole proprietorship has no legal existence separate from its owner). By ticking the "I Agree" box and submitting the Agent Registration form, you enter into a binding agreement with the Proprietor on these Agent Terms.
1. Eligibility
You must be at least 18 years of age, capable of entering into a valid contract under the Indian Contract Act, 1872, and must provide true, accurate, and complete information (full name, shop/business name, address, and mobile number) at the time of registration.
2. Nature of the Relationship
- You are engaged strictly as an independent, non-exclusive referral agent. Nothing in these Agent Terms creates an employer-employee relationship, partnership, joint venture, or agency of general authority between you and the Proprietor.
- You have NO authority to: (a) bind the Proprietor to any obligation; (b) make representations, warranties, or promises on the Proprietor's behalf beyond officially approved marketing material; (c) collect, hold, or receive payment on the Proprietor's behalf; (d) use the Proprietor's name, logo, or branding except as provided for referral purposes.
3. Your Agent Code
- On successful registration, you will receive a unique Agent Code. You are solely responsible for keeping your Agent Code confidential and secure. The Proprietor is not liable for any loss arising from your failure to safeguard your Agent Code.
- If your Agent Code is lost, contact the Proprietor directly for assistance; do not attempt to re-register, as this may result in loss of your existing referral/commission history.
4. Your Duties & Responsibilities
- You may refer prospective Subscribers by submitting the referred student's name, class, and phone number through the Agent Portal, only with the prior knowledge and consent of that student's parent/guardian.
- You shall market the Service honestly and shall NOT: (a) make false, misleading, or exaggerated claims about the Service, its results, pricing, or any government affiliation; (b) represent yourself as an employee, official representative, or government-linked agent of the Proprietor; (c) guarantee any specific examination outcome; (d) spam, harass, or contact any person who has asked not to be contacted; (e) submit referral data for any person without that person's (or their guardian's) consent; (f) engage in any fraudulent activity, including submitting fake or duplicate referrals to inflate commission.
- You shall comply with all applicable laws in carrying out your referral activities, including data-protection law in relation to any personal data of referred persons that you handle.
5. Commission
- The Proprietor shall pay you commission, calculated at the rate and structure communicated to you from time to time (visible in your Agent Portal commission ledger), for each referral that results in a paying Subscriber, subject to applicable tax deduction at source (TDS) under the Income Tax Act, 1961.
- Commission is payable only once the underlying subscription payment is actually and irrevocably realised by the Proprietor, and may be withheld, adjusted, reversed, or forfeited for any referral that is later refunded, disputed, found fraudulent, or found to be in breach of these Agent Terms.
- You are solely responsible for your own tax filings in respect of commission earned, save for TDS which the Proprietor will deduct and deposit as required by law.
6. Confidentiality
You shall keep confidential, both during and after your engagement as an Agent, your Agent Code, any referral/commission data visible to you, and any business or pricing information of the Proprietor that is not publicly available.
7. Data Protection Obligations
In relation to any personal data of a referred student/parent that you submit, you confirm that: (a) you have obtained that person's (or their guardian's) informed consent to share their name, class, and phone number with the Proprietor for the purpose of the referral; (b) you will not use such data for any other purpose, including your own independent marketing; (c) you will not retain such data beyond what is necessary to complete the referral.
8. Prohibited Conduct
You shall not: (a) impersonate the Proprietor or any of its staff; (b) use unauthorised, defamatory, or misleading marketing material; (c) solicit or collect payment directly from a Subscriber on the Proprietor's behalf; (d) attempt to access another Agent's account, data, or commission ledger; (e) engage in any activity that could damage the Proprietor's reputation.
9. Suspension & Termination
- The Proprietor may suspend or block your Agent account, with or without prior notice, for breach of these Agent Terms, suspected fraud, or misrepresentation. This does not, by itself, forfeit commission that had genuinely and lawfully accrued before the breach, save as provided in Section 5.2.
- Either party may terminate the Agent relationship at any time by written notice (email/WhatsApp is sufficient) to the other.
10. Indemnity
You agree to indemnify and hold harmless the Proprietor, Kumudini Rout, and its staff/associates from and against any claims, losses, liabilities, and reasonable expenses (including legal fees) arising out of: (a) your breach of these Agent Terms; (b) any false or misleading representation you made to a prospective Subscriber; (c) your collection or handling of personal data without proper consent; (d) any third-party claim arising from your conduct as an Agent.
11. Limitation of Liability
The Proprietor's total liability to you under these Agent Terms shall not exceed the total commission actually paid to you in the three (3) months preceding the event giving rise to the claim.
12. Dispute Resolution & Governing Law
These Agent Terms are governed by the laws of India. Any dispute shall first be raised in writing and an attempt made to resolve it amicably within 30 days; failing which, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the Proprietor, seated at Bhadrak, Odisha, subject to either party's right to seek urgent interim relief from a competent court.
13. Changes to these Agent Terms
The Proprietor may amend these Agent Terms from time to time by posting the updated version on this page with a revised "Last Updated" date. Continued use of your Agent account after such changes constitutes your acceptance. For material changes, the Proprietor will make reasonable efforts to notify active Agents and may require fresh acceptance.
14. Acceptance
By ticking the checkbox marked "I have read and agree to the Agent Terms & Conditions and Privacy Policy" and submitting the Agent Registration form, you electronically execute this agreement. This acceptance is a valid and binding electronic record under Section 10A of the Information Technology Act, 2000 and the Indian Contract Act, 1872, and is recorded by the Proprietor together with the date, time, and your Agent Code as proof of your acceptance.