THIS AGREEMENT is made between you and MakeDhan (hereinafter referred to as "MakeDhan" or ''Us'' or ''We'') and YOU (hereinafter referred to as "user" or "end user" or "customer"), and is dated for reference purposes as of today. MakeDhan is a mobile application that operates in India. MakeDhan generates, among other things, reports for its clients as per campaigns created by them/us and tasks completed by end users. MakeDhan may also audit findings, using varying methods such as on-site visits, telecommunication, web-based and intercept interviews. The reports that are generated from the programs we develop are provided to our clients for the purpose of determining operational successes and opportunities for improvement in such areas as service, sales, product presentation, facility maintenance, and other specifics of the client's operations and personnel.
Any applications submitted by end users to perform/ submit/ complete or incompletely submit assignments or tasks and relevant/ applicable reports for these assignments or tasks for and under the guidance of MakeDhan or its direct clients; and, WHEREAS, MakeDhan and end user seek to reduce to writing their respective rights and obligations arising out of their intended independent contractor relationship; NOW, THEREFORE, the parties hereto agree upon the following:
1. INDEPENDENT CONTRACTOR'S STATUS. This Agreement contemplates the creation of a relationship of independent contractor by and between MakeDhan and end users; with User as Contractor, and MakeDhan as Contractee. Nothing herein is intended to create, nor should be construed as creating, the relationship of employer and employee.
Project opportunities are offered by varying means on an as needed, rotating basis. User may choose to accept or reject any proposed project. You agree and understand we have the option and choice to ask for your services as an independent contractor in performing said services, or not. You, in turn, have the right to accept or not to accept any project posted. User also understands that MakeDhan may share your details (partial/complete) with organizations whose tasks they complete in order to reward them.
2. REWARD User's earnings or rewards for tasks completed shall be based solely on the number & quality of acceptable reports received by MakeDhan from its clients (advertisers). MakeDhan is not liable for rewards lost or not credited in user's wallet due to internet connectivity issues, bugs in the MakeDhan system or any other factor.
Reward amount or money credited to user in the MakeDhan wallet will also expire in case of 30 days of inactivity, in other words if a user doesn't visit MakeDhan app at least once in 30 days then the user will be considered inactive and all amount in the wallet will expire.
Mobile recharges or other rewards redeemed by users are completed using a third party application. MakeDhan is not responsible for failed or unsuccessful recharge transactions and repayment of the same.
3. LIMITATION OF AUTHORITY User shall have no authority to bind, obligate, or commit MakeDhan in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by MakeDhan in writing.
4. DISPUTES. In the event any dispute, arbitration, or litigation arises out of, in connection with, or as the result of any act performed by User pursuant to this agreement, or failure to perform, as the case may be, User shall cooperate fully with MakeDhan in an effort to resolve same. User agrees to indemnify and hold MakeDhan harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney's fees, to which MakeDhan may be subjected by reason of or in connection with any proceeding arising out of the conduct or omissions of User. It is the policy of MakeDhan to avoid litigation whenever possible but the decision whether or not to enter into or maintain litigation shall be the decision of MakeDhan alone. This obligation shall survive the termination or expiration of this Agreement.
5. TRAINING. MakeDhan will provide User with instructions and forms designed to assist User in completing a task for MakeDhan, all of which shall remain MakeDhan's property.
6. EMPLOYMENT. User will not, on behalf of himself or any third party, employ, or seek to employ any person employed by or engaged by MakeDhan and its team around the world, or otherwise directly or indirectly induce such persons to leave their employment or independent contractor position thereat.
7. CONFIDENTIAL INFORMATION. While User is working for MakeDhan, and thereafter, User will hold in the strictest confidence, maintain as confidential, and not disclose to any third party, the following: Any and all information concerning MakeDhan's present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by MakeDhan to its customers; Any and all information concerning MakeDhan's employees and representatives, as well as any information designated orally or in writing as confidential by MakeDhan regarding MakeDhan's sales methods, plans, and records, MakeDhan's collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by MakeDhan as a trade secret or otherwise protected from disclosure under applicable law. User may, in accordance with the foregoing, use such information solely as necessary in User's work for MakeDhan.
8. TERMINATION. Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration.
User understands that in the event of termination or expiration, User will receive the balance recharge due to User for tasks that MakeDhan has deemed acceptable. MakeDhan and User shall deal with each other fairly and in good faith relative to this Agreement. User further understands that if User has participated in any incentive promotion pursuant to which User may be entitled to a bonus, trip, or any kind of award/ rewards, User will not be entitled to same if it was not actually received prior to the date of termination. MakeDhan may terminate User accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of MakeDhan. MakeDhan may terminate user(s) account(s) if user is found to be indulging in promoting their MakeDhan referral links or any other codes on Facebook, Google Play or any other public properties along with misleading or spammy communication of any nature. Termination os user accounts will be at sole discretion of MakeDhan
9. BREACH OF AGREEMENT. User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause MakeDhan substantial, irreparable harm which is difficult to measure, and that MakeDhan therefore may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights MakeDhan may have against User for breach of this Agreement. Therefore, whenever MakeDhan may apply for restraining order or injunction against User for breaching or threatening to breach this Agreement as described above, User waives any notice to which User may be entitled and consents to such restraining order or injunction. If MakeDhan proceeds against User in the state court for Haryana/ Delhi, or the Indian High Courts/ Supreme Court situated in or closest to said area of Gurgaon, on any cause of action arising out of this Agreement, User agrees that such court may exercise personal jurisdiction over User. In the event of any breach of this Agreement by User, User agrees to pay MakeDhan all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
10. MISCELLANEOUS. MakeDhan projects/services are available only to and can only be used by an individual who can form legally binding contracts as per the prevailing laws in India. The term individual shall only include a living person and does not include all other legal creations. The services/projects are not available to minors under the age of 18 or to any users suspended or removed from accessing MakeDhan for any reason. Each notice to either MakeDhan or User required hereunder shall be in writing and emailed to the addresses provided by the parties unless and until any such address is changed in writing. MakeDhan and User shall exercise best efforts to communicate to the other any such change in address. Such notices shall be deemed given when mailed by certified mail, return receipt requested. Any written notice may be personally delivered, but personally delivered notices shall be deemed given only on the date of actual receipt.