Kindly read this agreement carefully. This agreement is an addendum to the Terms & Conditions posted on our "Platform" being:
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures but an acceptance in the form of the Creator clicking on the "I Accept" button after reading The Agreement and The Agreement will be legally binding on the Company and the Creator as per section 10 A of Information Technology Act, 2002. You indicate your willingness to be bound by this agreement by submitting a registration application for the DhakDhak Influencer Program (the "Program") to be considered as a DhakDhak creator ("Creator"). By applying for the program, you certify that you have read and understood the terms set forth in this agreement and that you are authorized to agree to this agreement.
This Agreement ("The Agreement") is presented in the form of usage of the Website and App namely Dhak Dhak by the creator ("Creator Terms") entered into between the DhakDhak Entertainment Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Office no. 202 B, Town square Shopping Centre S. No. 230/A/3/1, Viman Nagar, Pune, Maharashtra - 411014 ("Company") and you, the Creator ("Creator").
Reference is made to that certain DhakDhak Terms & Conditions (hereinafter referred to as "Terms of Service"), entered into between you, an individual user ("you"), and DhakDhak, Inc. ("DhakDhak", "we", "us" or "our") governing your use of the DhakDhak mobile software application (the "App") and the related website located at https://dhakdhak.world/ ("Site", and collectively with the App, the "Service"). By proceeding further with your program application, as enabled by virtue of your being presented with this creators agreement, which constitutes an addendum to the Terms of Service (this "addendum"), you agree that you have read, understand and agree to be bound by this addendum. If you do not agree to the terms of this addendum, do not proceed further with the program. The term of this addendum shall be the period commencing on the date on which you are approved by DhakDhak as a creator and continuing throughout the duration of your inclusion on the program unless we terminate your participation early and is hereinafter referred to as the "Creator Term". except as otherwise provided in this addendum, all terms contained herein will have the same meanings as those used in the terms of service. All other provisions of the terms of service that are not specifically modified by this addendum will remain in full force and effect.
Registration and Approval. To become a Creator in the program, you may apply by filling out the registration materials (“Registration Application”) found at our platform through the and submitting it to DhakDhak through the Service. The criteria for qualified Video Content is:
You understand and agree that DhakDhak will use a variety of methods to confirm your eligibility to become a Creator, including, without limitation, contacting references and other methods to verify your Registration Application is accurate. By submitting your Registration Application to become a Creator, you explicitly give permission to DhakDhak and its vendors to independently confirm your eligibility to participate in the program. DhakDhak reserves the right to continue to verify the accuracy of your Registration Application at any time as long as you are a Creator. We will endeavour to provide you with notice whether your Registration Application is approved within five (5) business days of our receipt of your Registration Application. We may deny you access to the Program, at our sole discretion for any or no reason, without notice and without liability.
Participation. We grant you the non-exclusive right to participate in the program in promoting and advertising the Service and your status as a Creator, subject to the terms and conditions hereof. We reserve the right to terminate this Addendum, your Program account and your participation in the program, at any time and for any or no reason, in our sole and absolute discretion by giving you notice at your e-mail address that we have in our records for you. The reasons we may terminate this Addendum, your Program account and your participation in the program, include, without limitation, failure to keep your page up to date, or your page or other marketing materials incorporate images or content that we determine to be detrimental to DhakDhak or incorporate materials that may infringe or assist others to infringe on any copyright, trademark, other intellectual property or any other rights of any third party. In addition to this Addendum, you acknowledge that you have carefully read and agree to comply with all of DhakDhak’s policies and procedures as may be provided to you or are available on the Service from time to time, including, without limitation, the terms of service, all of which are incorporated into and made part of this Addendum. You agree that if a conflict exists between this Addendum and any of the terms and conditions of the documents referenced in the previous sentence, this Addendum will control.
DhakDhak License. We grant you a non-exclusive, non-transferable, revocable license to use our trademarks, service marks, logos, links, DhakDhak marketing materials and other intellectual property (all only in the form(s) provided to you by us) for use in connection with the Program (collectively, "Licensed Materials") solely:
Creator License. In addition to the rights granted to us to your User Videos as set forth in the terms of service and subject to the terms below, you grant us a non-exclusive, royalty-free, unrestricted, unconditional, unlimited, worldwide right and license (with a right to sublicense) to use your approved names, usernames, nicknames, titles, logos, trademarks, trade names, and service marks, copyrights, and any other materials created or used by you (which must be approved by us in writing) in connection with our program (collectively, the "Creator Materials") to advertise, market, promote and publicize in any manner the Program, your participation in the Program and/or to promote DhakDhak or our Services. DhakDhak will not be required to use the Creator Materials or to advertise, market, promote or publicize your affiliation with the Program. You represent and warrant that the Creator Materials, your page and any other materials created or used by you in connection with the Program will not contain anything that, in DhakDhak’s sole judgment, violates any law, regulation or ordinance or third party rights, is considered to be defamatory or constitute libel or slander, may be inconsistent with DhakDhak’s public image, maybe in bad taste, are indecent or in DhakDhak’s opinion otherwise objectionable, or may tend to bring disparagement, ridicule, or scorn upon DhakDhak or any Creator and/or subsidiary companies. You are responsible for ensuring that the Creator Materials and any other materials posted on your website do not violate, infringe or misappropriate copyrights, right of publicity, trademark rights or other rights of us or any third party. You must have express written permission to use another party’s intellectual, proprietary or contractual rights, or to use another’s name, portrait, voice or likeness and you agree to provide such written permission to us promptly upon request. You will be solely responsible for the development, operation and maintenance of your page, for all materials that appear on your page, and for all marketing and promotion you conduct on your own.
Ownership. Subject to the limited licenses above, as between DhakDhak and you, each party will exclusively own and control its respective intellectual property. All goodwill that accrues from the licensed use of a party’s trademarks hereunder will inure exclusively to the party that owns the trademark.
Procurement of Advertising, Sponsorship, Endorsement and/or Branding. During the Creator Term, you grant DhakDhak the non-exclusive right (but not the obligation) to undertake efforts to procure advertising, sponsorship, endorsement and/or branding opportunities for you (any such procured opportunities are hereinafter referred to as the "DhakDhak-Procured Opportunities"). Any DhakDhak-Procured Opportunities shall be subject to good faith negotiation of a separate agreement between you, DhakDhak and the third party sponsor.
Third Party Rights. Unless otherwise approved by DhakDhak in writing, no additional license or consent from, or obligation to attribute or credit, any third party is necessary for DhakDhak to receive or use the User Videos without obligation or liability to any third party.
Without limiting anything else in this Addendum, and notwithstanding anything to the contrary, you will at all times comply with all government laws and regulations, and voluntary industry standards, applicable to the Program and your activities, including, without limitation, labor and employment laws, anti-bribery and corruption laws and other government regulations and guidelines, and will maintain appropriate customary high-quality standards during the Creator Term (defined below). Further, and without limitation, you:
Accordingly, when creating or publishing a blog post in connection with the Program, you must always clearly and conspicuously disclose that you have a connection with a brand partner and DhakDhak (e.g., you are participating in the program) and, you have received something of value. You must make these disclosures whether you are providing brand partner publicity orally or in writing. In conformity with the Advertising Standards Council of India ("ASCI"), for certain online media venues, you can use short-form disclosures such as "AD", "PAID" and "SPONSORED" or otherwise you must make a disclosure that is materially similar to the following: "I have accepted compensation from [insert name of brand partner] in exchange for my post." DhakDhak reserves the right to monitor and/or review all Creator Materials and User Videos. DhakDhak reserves the right at all times to require you to edit, take down, or otherwise remove Creator Materials published through Service accounts that in our sole discretion are objectionable or in violation of this Addendum.
Being part of the Program, the Creator will be rewarded by bringing its followers on DhakDhak and earning cash points for each registered follower, as follows:
Please note that Weekly Payout will be paid directly to your bank account and for every qualified video you will get 1000 points = 100 Rupees.
Either party may terminate this Addendum at any time, with or without cause, by giving the other party written notice of atleast seven (7) days of termination. Additionally, if at any time there has been no substantial activity on your account for at least twelve (12) consecutive months, and you have not earned at least ₹1000 (thousand rupees only) during the twelve (12) month period, we may close your inactive account and terminate this Agreement. If we terminate this Addendum because you are in material breach of a term hereof, we may withhold compensation payable to you and we may terminate this Addendum without further obligation to you including the obligation to pay compensation. All licenses granted by us to you terminate automatically upon termination of this Addendum, and you will immediately cease use of any Licensed Materials.
You hereby represent and warrant to us as follows:
We make no express or implied warranties or representations with respect to the Program, and WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. In addition, we make no representation or warranty that the operation of the Service, the Tokens, or our procedures and systems tracking sales generated by Tokens will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF REVENUE, PROFITS, OR DATA; OR BUSINESS INTERRUPTION ARISING IN CONNECTION WITH THIS ADDENDUM OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ALLEGED IN CONTRACT OR EQUITY. IN THE EVENT THE FOREGOING LIMITATION IS MODIFIED OR CURTAILED AS A MATTER OF LAW, OUR AGGREGATE MONETARY LIABILITY ARISING WITH RESPECT TO THIS ADDENDUM AND THE PROGRAM WILL NOT, IN ANY EVENT, EXCEED THE TOTAL COMPENSATION PAID TO YOU UNDER THIS ADDENDUM IN THE PREVIOUS THREE (3) CALENDAR MONTHS.
You hereby agree to indemnify, defend and hold harmless DhakDhak, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all actual or threatened claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively, the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based in any way on:
Entire Agreement. The terms of service and this Addendum is the entire agreement between the parties with respect to its subject matter, and it supersedes all prior agreements, representations and understandings, whether express or implied and whether oral or written.
Modification. We may modify any of the terms contained in this Addendum, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on the Service of a change notice or a new agreement designated by us to be applicable to you or a group of persons or entities including you, is agreed to constitute sufficient notice of a binding modification of this Addendum. If any modification is unacceptable to you, your only recourse is to terminate this Addendum pursuant to Section 5 of this Addendum. Your continued participation in the Program lowing our posting of a change notice or new agreement on the Service will constitute binding acceptance of the modified terms. It is your responsibility to have a working email address available in our records so that such notices can be delivered.
Assignment. You may not assign this Addendum or delegate your obligations, in whole or in part, by operation of law or otherwise, without our prior written consent. We may freely assign this Addendum, in whole or in part. Subject to that restriction, this Addendum will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Waiver. Our failure to enforce your strict performance of any provision of this Addendum will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Addendum.
Relationship of Parties. You and DhakDhak are independent contractors, and nothing in this Addendum will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers, enter into any contracts, or make any representations on our behalf, or to act as a distributor, seller, or reseller of the Service.
Force Majeure. Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make the payment) under the Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockdowns, acts of any Governmental authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
Contact us. In the event you have any complaints or concerns with respect to the website or our services, please visit https://dhakdhak.world/ or contact us at firstname.lastname@example.org.