This Agreement is made and executed at Bangalore on the day of acceptance of Terms & Services on Partnerstack Portal by and between:
NextSCM Solutions Private Limited,** a Company incorporated under the Companies Act, 2013 and having its office at 3rd floor, south wing, The Hub Unit 1, Sarjapur - Marathahalli Rd, Bellandur, Bengaluru, Karnataka 560102 represented herein by its authorized signatory Mr. Rajul Jain (hereinafter referred to as “NextSCM” which expression shall wherever the context admits or permits shall deem to mean and include its successors-in-interest and assigns in Office) of the FIRST PART,
AND
<<Partnerstack Partner Name>>, an Indian national residing at __________________ (hereinafter referred to as “Service Provider”, which expression shall mean and include unless excluded by or repugnant to the context, its successors in interest and assigns) of the SECOND PART.
NextSCM and Service Provider hereinafter collectively referred to as "the Parties" and severally as "Party".
Whereas, Service Provider is engaged in the business/profession of << >>.
Whereas, NextSCM is inter-alia engaged in the business of providing fulfilment and merchandising technology solutions to businesses (“Offerings”), and desires to have Service Provider perform certain services, and Service Provider agrees to deliver such services, subject to and in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, the parties agree as follows:
- SCOPE OF WORK
- Service Provider shall render his professional skills, time and efforts in finding and introducing potential customers for NextSCM’s ‘WMS’ and/or ‘MS’ Offerings (hereinafter referred to as “Prospective Customers”).
- Service Provider shall be required to understand the business model of NextSCM, and under instructions from NextSCM design a brochure/manual/script that may be used for introducing NextSCM and its Offerings to Prospective Customers.
- In the event any Prospective Customer agrees to finalise a contract with NextSCM, Service Provider shall re-direct such Prospective Customer to NextSCM’s operation team for further formalities and execution of contract.
- TERM
The Agreement shall be effective from << >> ****(“effective date”) and shall be valid for a period of 1 (one) year from the effective date. The Parties shall have an option to renew the same for further periods on mutually agreed terms and conditions.
- CONSIDERATION
- NextSCM will make payments in the form of commission to the Service Provider on the basis of total realized revenues generated (exclusive of taxes) from any converted Prospective Customer following a successful introduction. The percentage of commission shall be 40% of actual revenue realized from such converted Prospective Customer for a maximum period of 18 months from the first invoice raised to NextSCM subject to customer continuing the use of Offerings for such period. All payments made to Service Provider will be after deduction of TDS.
- Service Provider shall raise an invoice on NextSCM at the end of every month. NextSCM acknowledges to make the payment in respect of such invoice within 30 working days from the date of receipt of payment from the converted customer for that particular month.
- For the avoidance of any doubt:
- Service Provider shall be eligible for any success based payment as described above only if the Prospective Customer introduced by the Service Provider is fully serviced/covered by the Service Provider until contract is signed with that customer, within a period of 06 months from the date the Prospective Customer was introduced by the Service Provider.
- “Introduced” or “introduction” shall exclude a mere perfunctory introduction by the Service Provider (example, where a person is only introduced via email or a phone call). At-least one face to face meeting with a senior management of a Prospective Customer shall be required to be arranged by the Service Provider to qualify the same as an “introduction”.
- If an introduction does not convert into a contract with a Prospective Customer, and if the same prospective customer subsequently contacts NextSCM after a delay of more than 06 months that eventually results in a conversion/contract, then in such a scenario the Service Provider shall not be eligible for any fees or commission payout.
- If same prospective customer is introduced to NextSCM by two different service providers/finders, the service provider first in line having made an introduction earlier in time shall be deemed to be the eligible finder (should the customer eventually convert within 06 months).
- In the event an already converted customer opts to subscribe or purchase any new/other service or offering of NextSCM, no fees or commission payout shall be made to the Service Provider.
- OBLIGATIONS OF SERVICE PROVIDER
The Service Provider shall be liable for performance of following obligations under the Agreement:
- Service Provider shall be required to call on only such Prospective Customers that are pre-approved as per a written list mutually designed by NextSCM and Service Provider, but with express understanding that NextSCM’s decision shall be final.