CYBERCAFE AFFILIATE PROGRAM AGREEMENT

This agreement describes the entire terms and conditions for participation in the IndiansOnNet.com Affiliate Program. The IndiansOnNet.com Affiliate Program is operated by Tatva Solutions Pvt Ltd. In this agreement, IndiansOnNet.com and Tatva Solutions Pvt Ltd. are collectively referred to as " IndiansOnNet.com". In this agreement, the term "Participant" refers to you (Cyber Café owner).Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to IndiansOnNet.com. Under this agreement, IndiansOnNet.com will create html pages using the information in your Account Page (which will be described below).

Privacy of the Affiliate Account:

In order to join the Affiliate Program, you will need to provide IndiansOnNet.com with an email and password log-in combination. DO NOT REVEAL YOUR LOG-IN INFORMATION TO ANYONE. If you share your log-in information with a third party, we are not responsible for any changes made to your Account Page by said third party. We also reserve the right to terminate this agreement if we discover that you have shared this information with any third party in violation of this agreement

Commission Fees:

This commission fee plan is subject to change by IndiansOnNet.com upon 30 days prior written notice to its Affiliates. As set forth below, notice may be given by IndiansOnNet.com by email to the Affiliates last email address provided in writing to IndiansOnNet.com. Until changes are made to the commission fee plan, you will earn the following for each new user who purchases a paid subscription to IndiansOnNet.com for at least one month.
Only new subscribers from whom IndiansOnNet.com actually collects cash for personals subscriptions on the IndiansOnNet.com Web site check or money order or other means will qualify as a new subscriber on which the commission will be paid. IndiansOnNet.com reserves the right to not pay a new subscriber  on any subscriber who was previously a IndiansOnNet.com member and who discontinues such membership and re-signs as a new member under the same or a new user name within 3 months of dropping their old membership, or any other new subscribers who are the result of unreasonable "churning" by the applicable Affiliate. Affiliates are not paid commissions on renewing subscriptions.

Comission Fee Payments:

You may receive your payments by check or direct deposit. IndiansOnNet.com will send or directly deposit bounty fee payment for the applicable fees (less any taxes required to be withheld under applicable law) and a statement of customer purchase activity to the Participant within approximately 30 days after the end of each calendar month.

Refunds, Chargebacks and Bad Checks:

If a subscription is later refunded to the customer or charged back by the customer, or if a customer's check does not clear, the referral fee, and any affiliated charge back fees, will be deducted from the next monthly payment sent to the Affiliate.

Subscription Payment Processing:

IndiansOnNet.com will be solely responsible for processing every subscription order placed by a customer on the Affiliates Accounts Page. Subscription orders will be accepted via the IndiansOnNet.com online ordering process. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of IndiansOnNet.com. All of the rules, operating procedures and policies of IndiansOnNet.com regarding customer subscriptions will apply to all subscription orders we receive through the Affiliate's Account Page. IndiansOnNet.com reserves the right to reject any subscription order that does not comply with our rules, operating procedures and/or policies. Affiliate is not permitted to make any exceptions from these rules or otherwise communicate with subscribers about these rules except with IndiansOnNet.com's prior authorization.

Tracking of Subscription Sales:

IndiansOnNet.com will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to the Affiliate. To protect IndiansOnNet.com customer privacy, the names or other personal information about specific customers will not be provided to the Affiliate but shall be retained exclusively by IndiansOnNet.com. In addition, all personal information about specific customers collected by IndiansOnNet.com shall be owned solely and exclusively by IndiansOnNet.com. Affiliate agrees to comply with the posted IndiansOnNet.com privacy policy, as it may be changed from time to time, with regard to any personal information collected by Affiliate from subscribers of IndiansOnNet.com in their status of IndiansOnNet.com subscribers. Affiliate need not comply with the IndiansOnNet.com privacy policy in its other dealings with persons who are also IndiansOnNet.com subscribers as long as it is clear to the user that they are not dealing with Affiliate as a representative of IndiansOnNet.com when such information is being collected.

Time Limitations For Depositing Affiliate Checks:

Affiliates are required to cash or deposit any check from the IndiansOnNet.com within ninety (90) days of the date the check was issued. IndiansOnNet.com is not required to reissue payment for affiliate checks older than ninety (90) days. IndiansOnNet.com is not required to reissue payment for affiliate checks received after this time (total of 210 days from the date of the first check that is issued).

Lost, Stolen, Or Destroyed Checks:

It is the responsibility of the Affiliate to request in writing a reissue of lost, stolen or destroyed checks within the ninety (90) day period outlined above. The request must include as much information about the dates and earnings in question as possible, including the Member ID of the account and to whom the check was issued. Email requests are sufficient. Reissued checks are held to the same ninety (90) day expiration rules. All bank fees related to the issuance of replacement checks or other payments, including charges for stop orders on previously issued checks, shall be the charged to the Affiliate. IndiansOnNet.com often receives returned checks because the mailing address provided by the affiliate was incorrect or insufficient. In these cases, we will contact the Affiliate upon receipt of the returned check. It is the responsibility of the Affiliate to respond and correct the information as necessary. After ninety (90) days without a reply from the affiliate regarding the issue, the check will become voided, and Match.com will not be required to re-issue payment. After 180 days (6 months) without a reply from the Affiliate, all payments will become null and void, and the Affiliate account will be terminated.

Copyrighted material:

As an Affiliate, you are solely responsible for ensuring that any and all materials provided by you, including your logo and preamble text do not infringe upon the rights, including the intellectual property rights, of any third parties. You must have express permission to use another party's copyrighted material. IndiansOnNet.com will not be responsible if you use another party's copyrighted material in violation of the law. Between IndiansOnNet.com and Affiliate, the following will apply:

1. Each party shall retain all right, title and interest in and to its respective trademarks, service marks and trade names worldwide ("Intellectual Property") subject to a limited non-exclusive, non-transferable license necessary to perform this Agreement. Each party grants the other a royalty-free, non-exclusive, non-transferable license, during the term of this Agreement to include such party's pre-approved Intellectual Property solely in connection with the promotions and marketing contemplated hereunder as set forth above.
   

2. Each party shall use the other's Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, nor shall it act or permit action in any way that would impair the rights of the owning party in its Intellectual Property. Each party acknowledges that its use of the other party's Intellectual Property shall not create any right, title or interest in or to such Intellectual Property. Each party shall have the right to monitor the quality of the other party's use of its Intellectual Property. Any references to a party's Intellectual Property shall contain the appropriate trademark, copyright or other legal notice provided from time to time by owning party.
   

3. Neither party may alter or remove any proprietary notices from the other's Intellectual Property. Any goodwill accruing from the use of such Intellectual property shall inure to the licensor of such Intellectual Property hereunder.
   

4. Each party expressly reserves all rights not granted to the other party herein.

IndiansOnNet.com Policies Apply to All Orders:

Every customer who buys a subscription through this program is deemed to be a customer of IndiansOnNet.com. Affiliate does not have the authority to make or accept any offer on behalf of IndiansOnNet.com. All IndiansOnNet.com policies regarding customer orders, including pricing and problem resolution, will apply to these customers. IndiansOnNet.com is not responsible for any representations made by Affiliate that contradict our policies.

Prices and Availability:

The price charged for subscriptions sold under this program will be determined by IndiansOnNet.com according to our own pricing policies. Prices may vary from time to time as determined in IndiansOnNet.com's sole discretion. IndiansOnNet.com policies will always determine the price paid by the customer.

Web Site Service Interruption:

IndiansOnNet.com will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate agrees not to hold IndiansOnNet.com liable for any of the consequences of such interruptions.

Terms of the Agreement:

Affiliate will receive commission fee payments on orders that are placed during the term of this agreement. Bounty fees earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions are not refunded. Payment of the final referral fee payment to Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

Modifications:

IndiansOnNet.com reserves the right to change any of the terms and conditions in this Agreement, at any time and in its sole discretion, upon prior notice to Affiliate by posting a new agreement on our Web site. Such new terms will take effect 10 days after posting. Without limiting the generality of the foregoing, referral/bounty fee schedules, and all other provisions of this Agreement are subject to change without notice other than posting such information on our Web site, except that we will not reduce the referral/bounty fees on subscriptions purchased prior to the effective date of the modifications to this Agreement. Affiliate may not change or modify this Agreement.

Cancellation of this Agreement:

Either party, acting in their sole discretion, may choose to cancel this Agreement at any time by written notice of cancellation to the other. Such cancellation will be effective 3 days after notice to the other party unless the Agreement is terminated by IndiansOnNet.com for violation of Web Site Service Interruption Section, in which case termination will be effective immediately upon notice to the Affiliate by IndiansOnNet.com.

Warranty Disclaimer:

IndiansOnNet.com makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in IndiansOnNet.com then current terms and conditions which are posted on the Web site, any subscriptions sold hereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Further, IndiansOnNet.com expressly disavows any obligation to indemnify Affiliate or any of its representatives or owners in connection with any lawsuit or other proceeding arising out of any of Affiliate's users use of IndiansOnNet.com.

Limitation of Damages:

IndiansOnNet.com shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or the program, even if IndiansOnNet.com has been advised of the possibility of such damages. Further, IndiansOnNet.com's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by IndiansOnNet.com to Affiliate under this Agreement.

Representations and Warranties:

Affiliate represents and warrants that it has the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; and that the execution of and performance of its obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state and local law or regulation.

Indemnification:

Affiliate shall defend, indemnify and hold harmless IndiansOnNet.com, its parent, subsidiary and affiliated companies and its and their directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of Affiliate's representations, warranties or obligations hereunder; (ii) it arises out of the negligence or willful misconduct of Affiliate; or (iii) it is based upon Affiliate's violation of any applicable federal, state or local law or regulation in providing products or services hereunder.

Miscellaneous:

Affiliate and IndiansOnNet.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of IndiansOnNet.com. Subject to the foregoing restriction, this Agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Affiliate and IndiansOnNet.com agree that the terms of this Agreement and the Agreement itself are confidential and neither party shall divulge the business terms and conditions of this Agreement or the existence of the Agreement itself without the prior written consent of the other party.

Governing Law:

This Agreement shall be governed by the laws of India and the State of Maharashtra without reference to its choice of law principles.