This agreement is made between you and DollarTune (herein after referred to as “DollarTune” 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.
DollarTune is operated and managed by BrandAd Emedia Solutions Private Limited . DollarTune is a mobile application that operates in India. DollarTune generates, among other things, reports for its clients as per campaigns created by them/us and rewards users for watching, listening, playing advertisements and news. 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 DollarTune or its direct clients; and, WHEREAS, DollarTune 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 DollarTune and end users; with User as Contractor, and DollarTune 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 DollarTune may share your details (partial/complete) with organizations whose advertisements in any form they watch in order to reward them.
User’s earnings or rewards for watching, listening, playing advertisements and other assigned activities shall be based solely on the number & quality of acceptable reports received by DollarTune from its clients (advertisers). DollarTune is not liable for rewards lost or not credited in user’s wallet due to internet connectivity issues, bugs in the DollarTune system or any other factor. Reward amount or money credited to user in the DollarTune’s associated wallet will also expire as per associated wallet partner policy. Mobile recharges or other rewards redeemed by users are completed using a third party application. DollarTune 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 DollarTune in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by DollarTune in writing.
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 DollarTune in an effort to resolve same. User agrees to indemnify and hold DollarTune harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney’s fees, to which DollarTune 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 DollarTune to avoid litigation whenever possible but the decision whether or not to enter into or maintain litigation shall be the decision of DollarTune alone. This obligation shall survive the termination or expiration of this Agreement.
5. Confidential information
While User is working for DollarTune, 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 DollarTune’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 DollarTune to its customers; Any and all information concerning DollarTune’s employees and representatives, as well as any information designated orally or in writing as confidential by DollarTune regarding DollarTune’s sales methods, plans, and records, DollarTune’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 DollarTune 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 DollarTune.
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 DollarTune has deemed acceptable. DollarTune 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. DollarTune may terminate User accounts without prior notice if any suspicious activity is found which come in the way of natural or intended functioning of DollarTune. Termination of user accounts will be at sole discretion of DollarTune
7. 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 DollarTune substantial, irreparable harm which is difficult to measure, and that DollarTune therefore may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights DollarTune may have against User for breach of this Agreement. Therefore, whenever DollarTune 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 DollarTune proceeds against User in the state court for Gujarat, or the Indian High Courts/ Supreme Court situated in or closest to said area of Rajkot, 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 DollarTune all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.