My Shopp Business Associate Terms & Conditions

Last Updated: March 20, 2025

This Business Associate Agreement ("Agreement") is entered into between Dgen Infotech Private Limited, a company incorporated under the laws of India and having its registered office at 613, Apex Mall, Lal Kothi, Jaipur - 302015, India (hereinafter referred to as the “Company”), and the individual or entity registering as a Business Associate (hereinafter referred to as the “Associate”), collectively referred to as the “Parties”. This association is for a product of the Company known as My Shopp, which is a website and mobile application builder platform (hereinafter referred to as "My Shopp").

Unless otherwise stated, "Dgen Infotech Private Limited" includes its subsidiaries, affiliates, and licensees, both current and future.

By enrolling in the Associate Program for My Shopp, the Associate agrees to be bound by the following terms and conditions:

1. Eligibility & Onboarding

  1. Any individual or entity may apply to become a Business Associate to promote and grow the use of My Shopp.
  2. To qualify, the applicant must complete a minimum of two (2) successful sales of My Shopp, with the second sale made within three (3) months of the first.
  3. Associate status becomes official only after the second successful sale.

2. Nature of Relationship

  1. The Associate is an independent contractor. This Agreement does not create any agency, employment, partnership, or joint venture relationship between the Associate and the Company.
  2. The Associate shall not have any authority to represent, bind, or make commitments on behalf of the Company.
  3. The Associate shall not present themselves to clients as a representative, employee, or agent of the Company.

3. Commission & Compensation

  1. Associates shall earn commissions on sales as per the rates and slabs communicated privately by the Company.
  2. The Company reserves the right to change the commission structure and product pricing at any time, at its sole discretion.
  3. Commission shall also be applicable on renewals of the Associate's sales, subject to continued activity.

4. Continuity & Dormancy of Associate Status

  1. To maintain active status and continue receiving commissions, the Associate must generate at least one sale (or renewal) every three months.
  2. Failure to do so will result in a dormant status, and all the commmission generation will be cancelled
  3. An Associate may return to active status by fulfilling the above condition, but will not be entitled to past commissions—only on new sales.

5. Client Ownership & Communication

  1. All clients acquired through the Associate will remain the Company's clients, with the Company retaining the right to directly communicate, support, and manage their accounts.
  2. The Associate must submit accurate client details after each successful sale.
  3. If the Associate holds primary access to the platform on behalf of the client, they must clearly inform and educate the client about My Shopp and its official Terms & Conditions.

6. Associate Responsibilities

  1. The Associate may offer additional services to clients at their own cost and risk.
  2. The Associate must not engage in false or misleading advertising, make unauthorized claims, or offer features not supported by the platform.
  3. Associates must not use My Shopp for promoting illegal, unethical, or abusive content or business models.

7. White Label Associates

  1. If an Associate chooses to sell My Shopp under their own business name or brand (i.e., as a White Label Associate), they are still fully bound by these Associate Terms and Conditions as well as the official Terms and Conditions of My Shopp.
  2. It is solely the responsibility of the Associate to inform and make their clients fully aware of the policies, terms, and operational limitations of My Shopp.
  3. Any misunderstanding or lack of awareness on the part of the client regarding My Shopp's policies shall not be considered a valid excuse or basis for exemption from liability.
  4. White Label Associates may set their own pricing for the My Shopp product while bearing full responsibility for service delivery, compliance, and client satisfaction.
  5. White Label Associates are exempt from the requirement of making at least one sale (or renewal) every three months, and their Associate status shall not be affected by such condition.
  6. Onboarding requirements and eligibility for becoming a White Label Associate will be determined and communicated separately based on mutual discussions and agreements between the Associate and the Company.

8. Client Awareness & Consent

  1. The Associate is responsible for ensuring that every client understands and consents to My Shopp's Terms of Service. and Privacy Policy
  2. The Associate is encouraged to maintain verifiable proof of disclosure (e.g., signed form or confirmation email).

9. Taxes & Payouts

  1. All commissions will be subject to applicable taxes such as TDS, GST, or any other statutory levies.
  2. Commission payouts shall be released on a monthly cycle, subject to fulfillment of terms.

10. Platform Usage & Prohibited Conduct

  1. Associates and their clients must not misuse the platform or engage in activities such as spam, phishing, intellectual property infringement, illegal operations, or use of probited items on the platform
  2. The Company reserves the right to audit Associate activity and suspend accounts without notice in case of violations.
  3. Any breach of terms by either the Associate or their client shall result in termination of both accounts.

11. Confidentiality & Data Protection

  1. The Associate shall keep confidential all information related to client data, pricing, internal communications, and technical operations.
  2. Any unauthorized use or sharing of such data shall result in termination and may attract civil/criminal action.

12. Indemnity

  1. The Associate agrees to indemnify, defend, and hold harmless the Company and its officers from any claims, losses, damages, liabilities, costs, or expenses arising out of:
    • Misrepresentation to clients
    • Breach of this Agreement
    • Violation of any applicable laws
    • Disputes with clients onboarded by the Associate

13. Termination

  1. The Company reserves the right to terminate the Associate's account at its discretion, with or without cause, via written or electronic notice.
  2. Termination shall result in the forfeiture of unpaid commissions and loss of access to the Associate module.

14. Amendment to Terms

  1. The Company may revise this Agreement at any time, at its sole discretion.
  2. Updated terms will be communicated via email or platform notification. Continued participation by the Associate after such notice shall constitute binding acceptance of the revised terms.

15. Non-Exclusivity

  1. This Agreement is non-exclusive, and the Company may appoint or work with other Associates, vendors, or agencies at any time.

16. Amendment to Terms

  1. This Agreement shall be governed and interpreted in accordance with the laws of India.
  2. All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan.

17. Contact Information

For any clarifications or support regarding this Agreement or the Associate Program, please contact: contact@myshopp.app

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