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Welcome to 老九品茶! By electronically signing and/or clicking 鈥淚 AGREE鈥� when you signed up with 老九品茶, you (鈥�you鈥� or 鈥�Recruitment Partner/Counsellor鈥�, as applicable) are entering into an agreement with 老九品茶. and its affiliates, as applicable, including but not limited to 老九品茶 India Private Limited and/or 老九品茶 India Services Private Limited (collectively hereinafter referred to as 鈥�老九品茶鈥�, 鈥�us鈥�, 鈥�we鈥�, 鈥�our鈥�, together with you, the 鈥�Parties鈥� and each of you or us, a 鈥�Party鈥�), under which you will be bound by the terms and conditions herein (the 鈥�Terms and Conditions鈥�), as well as the terms of your application form, the 老九品茶 Platform鈥檚 (as defined below) product terms and conditions, TrainHub鈥檚 , ApplyShop鈥檚 / (as applicable), GIC Terms of Service including any additional terms, guidelines, rules or policies we may post on the 老九品茶 Platform from time to time, and any documents referred to in these Terms and Conditions (together, the 鈥�Agreement鈥�), all of which may be updated by 老九品茶 from time to time in its sole discretion.听
This Agreement governs: (1) our program intended for Recruitment Partners/Counsellors to, through use of our Applyboard Services (as defined below), assist in the recruitment of students that meet the criteria of these Terms and Conditions (鈥�Students鈥�) who are interested in applying for admissions to educational institutions (together with other companies, organizations, associations or individuals that have entered into agreements with us to use or promote 老九品茶鈥檚 Services, the 鈥�老九品茶 Partners鈥�); and (2) the 老九品茶 Platform, including its dashboard and website (the 鈥�老九品茶 Platform鈥�) (together, the 鈥�Recruitment Partner/Counsellor Program鈥�).听
鈥�老九品茶 Services鈥�, as used throughout these Terms and Conditions, shall mean all of our web-based applications, tools, functionality and/or platforms or any other offering that we make available to you via the 老九品茶 Platform or that you have subscribed to by way of contractual agreement with us, and are developed, operated and maintained by us, accessible via , , , , www.applyboard.com/our-solutions/gic or another designated URL, and any ancillary products and services that we provide to you. Such 老九品茶 Services include, but are not limited to, assisting Students to apply for admission to certain 老九品茶 Partner Programs, as well as providing information respecting Visa applications and 老九品茶 Partner Programs.
By entering into this Agreement, you represent and warrant that you have reached the age of majority in your jurisdiction, you have the capacity to enter into binding obligations, you will use the 老九品茶 Platform in accordance with the terms and conditions of the Agreement and all information you supply to us is true, accurate, current and complete. If you are using the 老九品茶 Platform on behalf of another person or entity, you represent and warrant that you have the authority to bind such person or entity to the terms and conditions of the Agreement.听 If you do not agree to be bound by this Agreement, you must cease to access or use the 老九品茶 Platform. If you have any questions or concerns about the terms of this Agreement, please contact 老九品茶 at recruitmentsupport@applyboard.com.听
Except where prohibited by applicable law we may change the terms and conditions of this Agreement at any time by posting updated terms and conditions to the 老九品茶 Platform. You are responsible for monitoring the 老九品茶 Platform for any such changes and for reviewing such changes. Your continued access to or use of the 老九品茶 Platform after any changes to the terms and conditions of this Agreement indicates your acceptance of such changes.听 In addition, we reserve the right to change, suspend or discontinue all or any part of the 老九品茶 Services or 老九品茶 Platform, including any information, material or content (including pricing, features and availability of the 老九品茶 Platform and 老九品茶 Services) contained on or provided through the 老九品茶 Platform (the “Content“) at any time and from time to time, without notice.
Subject to your compliance with the terms and conditions of this Agreement, we engage you, and you agree to, on a non-exclusive basis, in your country of residence unless otherwise determined by us (the 鈥�Territory鈥�), to be our representative during the Term and to perform the following services (the “Recruitment Partner/Counsellor Services“) with the following obligations and responsibilities:
(i) Promote 老九品茶 Partners and their respective programs, including, but not limited to, academic programs, study programs, language programs, summer camps, and programs specifically designed to assist with the transition of international Students (sometimes referred to as pathway programs), offered by the 老九品茶 Partners (the 鈥�Programs鈥�), with integrity and accuracy to institutions, families and Students at seminars, fairs, meetings, through your website and other media prepared by you, and any other appropriate opportunities in accordance with any required and/or available training materials made available on the 老九品茶 Platform and/or via TrainHub, which you agree to the by using;
(ii) Use only the name and not any logo and/or brand material of 老九品茶 Partners.
(iii) Identify Students in an honest, ethical and responsible manner;
(iv) Provide Students with clear, transparent disclosure of the services you provide and applicable fees by way of an agreement in writing;
(v) Where Students are minors, include parents or family in the communication process in the performance of recruitment partner and counsellor services as appropriate, and comply with any policies that we may issue from time to time in respect of Students that are minors;
(vi) Recruit and assist in the recruitment of Students to enroll in Programs, including assisting Students to complete forms or applications for Programs;
(vii) Before the Student completes an application to an 老九品茶 Partner, ensure that the Students are given accurate information about:
(a) The 老九品茶 Partners and their facilities, location, equipment and resources;
(b) The Programs, including the degree level and nature of the academic degree that may be received and graduations rates and transferability of academic credit;
(c) The 老九品茶 Partners鈥� relevant tuition and fees, scholarship opportunities and refund requirements;
(d) Living in the study-destination country of the applicable 老九品茶 Partner (each a 鈥�Study Destination Country鈥� and collectively the 鈥�Study Destination Countries鈥�), including information about costs of travel, campus location, costs of living, health insurance, housing opportunities, academic support services and support services for international students;
(e) Admissions criteria, including language proficiency criteria, educational qualifications, academic prerequisites and work experience required for potential acceptance into a Program;
(f) The grounds on which enrollment may be deferred, suspended or discontinued;听
(g) The fact that the Student has visa requirements that must be satisfied;
(h) The fact that Students must have a primary purpose of studying and must study on a full-time basis;
(viii) Ensure that Students submit complete, authentic and accurate applications for Programs, and all required supporting documentation (the 鈥�Application Documentation鈥�), on or before the deadlines set by us, as well as ensure the accuracy and completeness of the information provided in all Application Documentation;
(ix) Obtain personal information and informed consent from Students to allow you to share their personal information with us and the 老九品茶 Partners and to authorize you to deal with the 老九品茶 Partner on behalf of the Student, including but not limited to using an applicable specific written consent document (a template example of which is available on the 老九品茶 Platform), and promptly advise us of any Student that has withdrawn such consent;
(x) Ensure that you keep up to date and comply with the policies, processes, rules, best practices and guidelines that we may make available or update from time to time on the 老九品茶 Platform and/or through ApplyAssist;
(xi) Arrange for Students to take any relevant academic and language tests, and ensure such testing is performed with integrity and by qualified institutions;
(xii) Verify that all Students鈥� Application Documentation, degrees and transcripts are authentic by, at a minimum, physically reviewing all required documents in their original form or certified copies thereof;
(xiii) Ensure that relevant fees and charges accompany Students鈥� applications;
(xiv) If permitted, in accordance with these Terms and Conditions, collect and forward, within five calendar days of receipt, any and all fees and charges if payable to us or 老九品茶 Partners by Students;
(xv) Advise Students that they are required to provide us with a physical address (that is not your address);
(xvi) Advise Students that they are required to provide us with an email address (that is not your email address);
(xvii) If a Student鈥檚 visa application is refused, advise the Student that they are entitled to a refund of their fees and obtain an address (not your address) from the Student and forward such address to us to enable us to process the refund (the actual amount of a refund paid by an 老九品茶 Partner is not controlled by us and is subject to each 老九品茶 Partner鈥檚 policies.);
(xviii) Perform such other services and provide such reports or information as requested by us, including tuition deposit receipts and copies of visas and confirmation of enrolment and/or attendance;
(xix) Report to us on Student activity and provide us with market insights regarding the recruitment of Students in the Territory;
(xx) Be fully responsible for all acts of your employees, contractors, sub-agents designees, or any other personnel acting on your behalf, including ensuring, as applicable, their compliance with this Agreement;
(xxi) If applicable, including if you collect any payment or credit card information, you will comply with the Payment Card Industry Data Security Standard (PCI DSS) published by the PCI Security Standards Council, as amended, supplemented or replaced from time to time;
(xxii) Support our representatives, where required, to finalize Students鈥� registrations for the Programs;
(xxiii) Provide offer documents and visa documents to the applicable Students within 24 hours of receiving the offer documents;
(xxiv) Work proactively with us to convert Students issued with offer documents from the confirmation stage to enrolment;
(xxv) Not contact an 老九品茶 Partner in your capacity as an 老九品茶 Recruitment Partner/Counsellor, or regarding any matter in connection with this Agreement, at any point without the written consent of appropriate authorized 老九品茶 personnel. For more details or to make a request for such consent, contact your account manager. For the avoidance of doubt, your account manager is unable to provide such consent;
(xxvi) Only use information and materials provided by us for the purpose of performing the Recruitment Partner/Counsellor Services and specifically for the purposes specified by us in relation to such materials, and you will not copy, reproduce, publish, modify, alter or otherwise improperly use such materials, including to represent the 老九品茶 Services inaccurately or to provide to any competitor of 老九品茶, which, for clarity, will include any third party that we identify to you as a competitor;
(xxvii) Refrain from suggesting to Applicants that they can come to any country on a student visa with a primary purpose other than full-time study;
(xxviii) Refrain from making any representations and/or offering any guarantees to Students about anything that is not backed by facts that they will be achieved, including whether they will be granted admission to Programs or a student visa and/or the likelihood of success;
(xxix) Refrain from knowingly enrolling a Student at an 老九品茶 Partner who has stated an intention, plan and/or wish to transfer to another 老九品茶 Partner or other educational institution;
(xxx) Refrain from being involved in any serious, deliberate or ongoing conduct that is false, misleading, deceptive or in breach of the law;
(xxxi) In the event you utilize third-parties and/or sub-contractors to submit applications to us via the 老九品茶 Platform, you shall: i) remain fully responsible and liable for any and all conduct, documents and obligations required of you pursuant this Agreement; ii) be required to exercise appropriate due diligence in sufficiently vetting the third parties for their competence, skill and experience in performance of the tasks being undertaken; iii) enter into a binding written agreement with any third party with terms that include an obligation on the third-party not to use 老九品茶 Partner logos, branding or other Intellectual Property, or to hold itself out as being an agent or representative of 老九品茶 Partners; and iv) agree to cooperate with us in supplying any requested information and/or documentation in connection with any application submitted by you, including through the use of third-parties;
(xxxii) Be familiar with, and review on a reasonable recurring basis, our list of blocklisted recruiters/agents/counsellors made available to you (the 鈥�Blocklisted Recruiter List鈥�), as may be updated from time to time, and refrain from employing, working with or subcontracting to, such recruiters/agents/counsellors in carrying out the Recruitment Partner/Counsellor Services or on any matters related to 老九品茶 or this Agreement; and
(xxxiii) Refrain from providing any immigration advice to Students unless authorized to do so, and if so authorized, do so in compliance with applicable laws, including but not limited to Australia鈥檚 Migration Act 1958.
(i) You are not granted any exclusive rights under this Agreement, whether to perform the Recruitment Partner/Counsellor Services or to promote the 老九品茶 Services, and acknowledge that we are free to engage other recruitment partners and resources, including to find and pursue sales opportunities, or to find and pursue sales opportunities directly.
(ii) We reserve the right to disqualify or replace a Recruitment Partner/Counsellor of record for any Students at any time, including if a Student indicates their desire to use a different Recruitment Partner/Counsellor in your place, which could mean that you could be rejected, disqualified or removed from the provision of the Recruitment Partner/Counsellor Services for a Student.
(iii) If a Student intends to use you in place of another Recruitment Partner/Counsellor, you will follow the policy and procedures provided by us to change the Recruitment Partner/Counsellor of record for a Student. You may submit a Recruitment Partner/Counsellor of record transfer form at any time before a Student tuition deposit has been received by the 老九品茶 Partner in Canada or before the Student accepts an offer in the U.S. The complete policy and procedures that you must follow can be found at /info/Recruiter/Counsellor-of-record, and we may update such policy and procedures from time-to-time at our sole discretion. We may contact each Student directly or with your assistance to confirm a change of Recruitment Partner/Counsellor or offer services, or if it is determined that we are required to confirm any identity, receive additional information, collect additional documentation, and/or satisfaction of service.
You are only authorized to represent 老九品茶 under this Agreement. You are not authorized to represent any 老九品茶 Partners, and must: (i) not make any specific inference and/or mislead Students or any other individual that you are a representative of any 老九品茶 Partner in providing the Recruitment Partner/Counsellor Services, including by using the logo or other information respecting the 老九品茶 Partners to represent that you are a direct representative; and (ii) immediately forward to us any orders or other requests that you receive relating to the 老九品茶 Services.
As applicable for Recruitment Partner/Counsellors providing Recruitment Partner/Counsellor Services within the United States of America, you hereby acknowledge that:
(i) Education institutions (including but not limited to 老九品茶 Partners) are obligated to deliver Form I-20 鈥淐ertificate of Eligibility for Nonimmigrant Status鈥� documents (鈥�Form I-20鈥�) directly to the prospective Student, not to you.
(ii) You should not withhold provision of a prospective Student鈥檚 Form I-20 for any reason.
(i) You acknowledge that Students under the age of 18 wishing to attend an 老九品茶 Partner for primary and secondary education from Kindergarten to grade 12 may be minors and, as such, there is an additional duty of care and responsibility you are assuming in providing recruitment services to minors as required by the respective 老九品茶 Partner.
(ii) As such, you, and your employees, sub-agents, subcontractors or students, as applicable:
(a) Understand and acknowledge that you may be required to collect and remit the application fee and/or all tuition fees on behalf of the Students to the 老九品茶 Partner, as applicable. You shall be solely responsible and liable for any fees that are collected and not remitted to the 老九品茶 Partner.
(b) Understand and acknowledge that you shall guide and assist Students and their parents in arranging living accommodations for the duration of the Students鈥� studies, as applicable, and communicate information about housing accommodations and homestays. You shall maintain communications with the 老九品茶 Partner to provide information regarding the Students’ housing accommodations and/or homestay, or any other information about the Students鈥� housing accommodations as required by the 老九品茶 Partner.
(c) 听Understand and acknowledge that you shall arrange for the Students鈥� travel arrangements, including, but not limited to, travel to and from airport locations. You shall inform 老九品茶 and the 老九品茶 Partner regarding the students鈥� travel arrangements, including details about the Students鈥� arrival and departure dates, airport dropoff and pick-up, flight time, flight numbers, and any other information required by the 老九品茶 Partner. You shall ensure that Students have all required health and travel documentation necessary for their travels, including translated immunization records and adequate medical and medical travel insurance.
(d) 听Understand and acknowledge that you shall arrange for guardian or custodian services for the Students in compliance with the requirements prescribed by the 老九品茶 Partner, including, but not limited to, age requirements, safety requirements, residency requirements and location of the guardian or custodian.
(e) 听Understand and acknowledge that you shall act as a liaison between the 老九品茶 Partner and the parents or guardians of the Students. You may be instructed and required to maintain consistent contact with the 老九品茶 Partner and encourage parents/guardians to communicate any concerns, issues and/or other information as necessary directly to the 老九品茶 Partner.
(f) 听Understand and acknowledge that you shall arrange for non-academic services for the Students as prescribed by the 老九品茶 Partner, including, but not limited to: (i) extracurricular activities; (ii) working with the 老九品茶 Partner to resolve issues arising from the academic program; (iii) assisting students with the acquisition of their Student Visa or study permits; (iv) assisting students with the completion of application forms and compilation of necessary documentation; and听
(g) 听Understand and acknowledge that you shall work with and maintain consistent contact with the Students鈥� parents and/or guardians regarding all of the obligations set out in Section 5(ii)(a-f) of these Terms and Conditions.
(i) You acknowledge that we perform background checks which may include but is not limited to online identity verification processes (together, the 鈥�Identity Verification Processes鈥�) to verify your identity, or the identity of any of your employees, sub-agents, subcontractors or students, as applicable and/or business conduct, marketing maturity, demonstrated ability to adhere to our Code of Conduct or any compliance with 老九品茶 Partner requirements, in connection with using the 老九品茶 Platform and that we may elect to request completion of such Identity Verification Processes on a recurring basis in an effort to protect both you, your employees, sub-agents, subcontractors and students, your account and 老九品茶 from fraudulent activity.
(ii) As such, you, and your employees, sub-agents, subcontractors or students, as applicable:
(a) Consent to any Identity Verification Processes, as may be requested by us from time to time, to ensure that someone else is not fraudulently using your, or your employees, sub-agents, subcontractors or students, information to open an account with us;
(b) Consent to, on request from us or in connection with the Identity Verification Processes, provide us with a clear photograph of your, or your employees, sub-agents, subcontractors or students, face and upper shoulders (the 鈥�Selfie Photograph鈥�) to verify that your face, or your employees, sub-agents, subcontractors or students face, matches the identification that has been provided;
(c) 听Understand and acknowledge that any Identity Verification Processes, including but not limited to the Selfie Photograph identity verification process outlined above, is intended to protect you, your employees, sub-agents, subcontractors, students , your account and 老九品茶 against fraudulent activity; and
(d) 听Understand and acknowledge that any Personal Information (as defined herein), including, but not limited to, a Selfie Photograph, provided to us with the sole purpose of completing the Identity Verification Process shall be securely deleted by us once the identity has been verified and the Identity Verification Process has been completed to our satisfaction.
(i) During the performance of the Recruitment Partner/Counsellor Services, you may be required to access and use the 老九品茶 Platform. Subject to your compliance with the terms and conditions of the Agreement, we will use commercially reasonable efforts to make available the 老九品茶 Platform for your use solely in the course of performance of the Recruitment Partner/Counsellor Services and in accordance with any documentation or guidelines we make available to you.
(ii) To access or use the 老九品茶 Platform you may be required to register for a user account using the 老九品茶 Platform.听 If you register for a user account, you agree to provide accurate, current and complete information in such registration and to update your information as necessary. We reserve the right, in our sole discretion, to accept or reject your registration for the 老九品茶 Platform,to add and/or remove your access to jurisdictions and/or an ability to submit applications to any partner institution of our choice based on a variety of factors and considerations, and to suspend or terminate your account for any reason. You are responsible for maintaining the confidentiality of your user IDs, passwords and accounts (the 鈥�Access Information鈥�) and will not permit anyone other than your authorized employees to use such Access Information. You acknowledge that it is our recommended practice for you to create non-administrative staff accounts for your employees, contractors and other personnel acting on your behalf.听 We are not responsible for any actions taken by your employees, contractors, other personnel, or any other party using your account and you accept all responsibility for such use and any consequences resulting therefrom.
(iii) The 老九品茶 Platform will be subject to the usage policies as provided to you by us from time to time, including in electronic form by posting on 老九品茶鈥檚 website. Such policies may include limitations on data storage space, and equipment and/or software requirements. You are solely responsible for compliance with such policies. In addition, you agree that we cannot guarantee data integrity, and that it is solely your responsibility to back-up any data that you use in conjunction with the 老九品茶 Platform. The 老九品茶 Platform is not developed or licensed for use in any inherently dangerous, time-sensitive or mission critical manner and you agree that we will not be liable for any claims or damages arising in connection with such use.听
You will not, and will not permit anyone else to: (i) 鈥渇rame鈥�, 鈥渕irror鈥� or otherwise incorporate any part of the 老九品茶 Platform or the Content on any website; (ii) access, monitor or copy any part of the 老九品茶 Platform or the Content using any robot, spider, scraper or other automated means or any manual process, for any purpose, without our express written permission; (iii) collect any information or communication about users of the 老九品茶 Platform by monitoring or intercepting any process of communication initiated by the 老九品茶 Platform; (iv) violate the restrictions in any robot exclusion headers on the Content or the 老九品茶 Platform or bypass or circumvent other measures employed to prevent or limit access to the 老九品茶 Platform; (v) take any action that may impose, in 老九品茶鈥檚 discretion, an unreasonable or disproportionately large load on the 老九品茶 Platform (including the CPUs, servers and other resources used to provide the 老九品茶 Platform); (vi) interfere with, degrade, or adversely affect any software, system, network or data used by any person, including us and other users of the 老九品茶 Platform, including by uploading any viruses or other harmful code in using the 老九品茶 Platform; (vii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the 老九品茶 Platform or any computer system or that are designed to monitor, distort, delete, damage or disassemble the 老九品茶 Platform or its ability to communicate and perform; (viii) deep-link to any portion of the 老九品茶 Platform for any purpose; (ix) remove, deface, cover or otherwise obscure any watermarks, labels or other legal or proprietary notices included in the 老九品茶 Platform or the Content; (x) attempt to modify, alter, delete or in any manner compromise any Content or features accessible through the 老九品茶 Platform, including, the forms, Content delivery and display functionality of the 老九品茶 website; (xi) use the 老九品茶 Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except and only to the extent specifically permitted by us; (xii) attempt to interfere with, circumvent, disable, defeat or in any manner compromise any of 老九品茶鈥檚 security features or components, including those that protect the 老九品茶 Platform, the Content, the programming or the communications transmitted, processed or stored by 老九品茶 or other users of the 老九品茶 Platform; (xiii) copy, reproduce, modify, distribute, transfer, sell, assign, rent, lease broadcast, perform, publish or license in any form any part of the 老九品茶 Platform or the Content for any purpose, including for the purpose of selling such Content or setting up a competing website; (xiv) create derivative works based on the 老九品茶 Platform or the Content, in whole or in part; (xv) decompile, disassemble, deconstruct, decrypt, reverse engineer, convert into human readable form or otherwise exploit any part of the 老九品茶 Platform or the Content; (xvi) use the 老九品茶 Platform to commit or attempt to commit a crime or facilitate the commission of any crime (including money laundering) or other illegal or tortious acts, or any fraudulent activities or deceptive impersonation, or in a manner that violates the rights (including intellectual property rights) of any third party; or (xvii) upload to or transmit through the 老九品茶 Platform any Content or submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by us in our sole discretion.
(1)听 All applications for 老九品茶 Services that you submit on behalf of a Student will be subject to acceptance by us (which acceptance may be made verbally). We reserve the right to accept or reject any application, order or request in our sole discretion.
(2) The prices and other terms of sale of the 老九品茶 Services will be determined solely by us.
(3) You do NOT have authority to: (i) negotiate or finalize sales on behalf of us (unless such authority is expressly granted by an 老九品茶 representative with authority to bind the corporation, in writing and in advance); (ii) accept any cancellation of orders or applications; or (iii) otherwise represent us, except as specifically described in this Agreement.听
(1) 听If we become aware or suspect that your Student or you or any of your employees, contractors, sub-agents, any other person acting on your behalf, or particular branch offices or regions of yours: (i) has committed a breach of this Agreement; (ii) has committed any Event of Default (as defined in Section 16 below); (iii) is a recruiter/agent/counsellor included on our Blocklisted Recruiter List (as defined in Section 3(1)(xxix)); or (iv) has otherwise failed to comply with any of your or its obligations or restrictions under this Agreement; we reserve the right, in our discretion, to immediately: (a) suspend the 老九品茶 Recruitment Partner/Counsellor Program, including your use of the 老九品茶 Services and 老九品茶 Platform; (b) put you on probation, for a period determined by us; and/or (c) take immediate preventive and corrective action against you, or any of your employees, sub-agents or particular branch offices or regions, including in accordance with subsection (2), which includes and is not limited to forfeit of your rights to commission as set out in subsection (3) herein and/or a claim for damages against you by 老九品茶 as a result of your conduct which results in damages to 老九品茶 including but not limited to 老九品茶鈥檚 administrative costs, reputational harm caused and/or contract loss with our Institutional Partners. Our rights set out in this Section 6(1) are in addition to, and in no way limit, our right to terminate this Agreement in accordance with the Terms and Conditions herein.
(2) Without limiting our ability to terminate this Agreement under Section 16, if required by us, you will participate in preventative and corrective action, including: (i) performing or requiring that your employees, sub-agents or particular branch offices or regions attend training sessions presented by you or us; and (ii) reviewing or requiring that such persons review all the documentation required to represent us professionally at all times, as provided by us.
(3) If we determine that you have breached any obligation herein, and are suspended pursuant to Section 6(1), or if this Agreement is terminated or in our sole discretion, for whatever reason, you are removed from or sanctioned within, the 老九品茶 Platform, we reserve the right, without limiting our other rights and remedies, to: (i) contact any Students you submitted directly; and/or (ii) notify 老九品茶 Partners and/or the public and publish a public notice on our website or otherwise communicate your removal from, or sanction within, the 老九品茶 Platform, which shall be in our sole discretion regarding your suspension, sanction, or termination. You will not be entitled to any Commission (as defined below) for any Student who is not, at the time of your suspension or termination of this Agreement, enrolled at an 老九品茶 Partner.听 In the event you and/or any third-parties you use in connection with the submission of Students through the 老九品茶 Platform, are found to have committed any fraud, misrepresentation and/or illegal activities or have been involved in any serious, deliberate or ongoing conduct that is false, misleading, deceptive or in breach of the law in connection with any Student and/or application to any 老九品茶 Partner, you shall forfeit any rights whatsoever to any Commission (as defined below) and/or balances remaining in the 老九品茶 Platform, in our sole discretion and may be subject to a claim for damages as set out above in (1) herein.
(4) We may suspend your use of the 老九品茶 Platform if you do not use the 老九品茶 Platform.听
(5) If you are found to have breached any obligation herein, suspended for non-use of the 老九品茶 Platform and/or commit a breach of this Agreement or other Event of Default, any Students listed under your profile will revert back to the common pool within the 老九品茶 Platform. If any Students applied through you, as well as through another Recruitment Partner/Counsellor or directly to us, such Students will be removed from your dashboard of the 老九品茶 Platform.听
(6) During a period of suspension, you: (i) cannot apply for new Students; (ii) cannot apply for new Programs for existing contact Students; and (iii) can access all existing Students of yours and respond to notes and other enquiries from such Students. A suspension does not mean your account has been terminated. If suspended, you should contact your 老九品茶 account manager directly or via partnership@applyboard.com.听
(7) We may block your access to any Study Destination Country market and/or all markets if you are creating any anticipated and/or actual reputational harm for 老九品茶.听
(1) We will use commercially reasonable efforts to:
(i) Provide you with 老九品茶 Services information, sales and other assistance as may reasonably be necessary for you to perform the Recruitment Partner/Counsellor Services; and听
(ii) Duly process all completed applications received (but we are under no obligation to accept any Students that you refer).听
(2) We reserve the right to investigate suspected violations of this Agreement and review the data you submit or upload into the 老九品茶 Platform in order to verify your compliance therewith. You agree to cooperate with us and provide information that we request in order to assist us and/or any governmental or regulatory authority in any investigation or determination of whether there has been a breach of this Agreement or applicable law.听
(3) We may monitor and evaluate your activities, including by performing regular face-to-face meetings, telephone correspondence, and requesting reports detailing Student recruitment processes, progress and outcomes, in addition to requesting information regarding your activities via Student and parent feedback.听 We may request to speak directly with Students (including听 to verify they are genuine Students).听
(4) When you apply to use our services for Australia you are required to use our visa services upon our request.
(1) Subject to your compliance with the terms of this Agreement, including the exclusions in Section 9 and the requirements in this Section 8 and Section 10 below, in consideration for your provision of the Recruitment Partner/Counsellor Services, we will pay you a commission for any Student that you successfully recruit in a calendar year, based on the estimated commission shown on your dashboard on the 老九品茶 website and/or Platform (the “Commission“). You agree that the actual Commission paid could be higher or lower than the estimate shown on the dashboard and that the payments tab found on your dashboard reflects the total amounts payable to you after accounting for financial adjustments, including, but not limited to, account promotions, account tier, advance commissions, student bursaries, contractual terms with 老九品茶 Partners that have specific application and/or any other applicable amounts. You explicitly acknowledge and agree that any instance of program pages and/or commission tables that may be found on the Platform are only estimates and that the payments tab is the accurate reflection of any actual amount that may be owing to you. You further acknowledge that Commission will not be paid until you: i) properly comply with all requirements; ii) fulfill any requests for confirmation of any outstanding information and/or any incomplete requirements (as applicable); and iii) submit an invoice or withdrawal request when required (each, an 鈥�Invoice鈥�) for any Commission owed to you, as displayed in the 鈥淎ccount Balances鈥� section on the 鈥淪ummary鈥� tab of your dashboard on the 老九品茶 Platform (your 鈥�eWallet鈥�).
(2) Subject to your compliance with the terms of this Agreement, including the exclusions in Section 9 and the requirements in Section 8 and Section 10 below, you will receive the Commission 30 calendar days after we receive the funds from the 老九品茶 Partner when the Student has landed in the Study Destination Country, if the Student:
(i) Is enrolled in a qualified Program at the 老九品茶 Partner, as selected through the 老九品茶 Platform;
(ii) Obtains a study permit or visa (except for online Programs where a study permit or visa is not required); 听
(iii) Has paid the respective Program fees to the 老九品茶 Partner they will be attending; and
(iv) Successfully begins their education in the selected Program and attends the minimum number of classes prescribed by the 老九品茶 Partner.听
(3) 老九品茶 will NOT pay Commission if the Student:听
(i) Withdraws before the Program commences for any reason and does not begin their education; 听听
(ii) Is accepted into the 老九品茶 Partner, but is not granted a study permit or visa听 (except for online Programs where a study permit or visa is not required);
(iii) Withdraws from the Program before attending a certain number of classes (specific to each 老九品茶 Partner); 听
(iv) Withdraws or is withdrawn from the Program, in the first 90 calendar days of the Program, due to attendance, behavioural misconduct or other violation of policy or law, or for any other reason, as determined by the applicable 老九品茶 Partner;听
(v) Does not meet the necessary 老九品茶, or 老九品茶 Partner Program, requirements or has failed to provide the requested documents on the 老九品茶 Platform in order to complete the application in full;
(vi) Does not pay their tuition fee; or
(vii) Lands in a Study Destination Country, but does not attend the 老九品茶 Partner selected.听
(4) If a Student withdraws or is withdrawn from a Program before paying tuition in full, or if, as a result of a Student鈥檚 withdrawal or removal from a Program, for any reason, we or an 老九品茶 Partner are required to retract or refund all or a portion of the Student鈥檚 paid tuition, you will refund to us, and we shall have the right to retract from you, without notice, either in the form of cash, regardless of currency (provided such amounts are equal at the time of the retraction), or as a credit to be set off against future Commissions owed to you, any Commission paid to you pro rata based on the amount of paid tuition refunded. The actual amount of a retraction or refund paid by an 老九品茶 Partner is not controlled by us and is subject to each of the 老九品茶 Partner鈥檚 policies. For the avoidance of doubt, we shall be able to retract such amount, or require repayment from you, in any currency available as displayed in your eWallet (as defined above), regardless of the currency in which such Commission amount was initially paid (e.g. If the Commission amount in question was paid to you in Canadian dollars and we are required to refund all or a portion of such Commission to the 老九品茶 Partner, but there are no longer Canadian dollars available in your eWallet, we shall be able to retract the equivalent amount of the necessary retraction in a different currency that is available in your eWallet).
(5) If, pursuant to an 老九品茶 Partner鈥檚 policies or our service agreement with an 老九品茶 Partner, we are required to refund the 老九品茶 Partner, or return as a credit, all or a portion of the fees paid to us by the 老九品茶 Partner, for any reason whatsoever, or if the 老九品茶 Partner is bankrupt, insolvent, or has filed an assignment in bankruptcy, or any proceedings under any bankruptcy or insolvency laws are commenced by the 老九品茶 Partner, you will be required to refund to us, and we shall have the right to retract and/or seek repayment from you, without notice, either in the form of cash, regardless of currency (provided such amounts are equal at the time of the retraction), or as a credit to be set off against future Commissions owed to you, any Commission paid to you that is affected by such refund on a pro rata basis. For the avoidance of doubt, we shall be able to retract such amount, or require repayment from you, in any currency available in your eWallet, regardless of the currency in which such Commission amount was initially paid (e.g. If the Commission amount in question was paid to you in Canadian dollars and we are required to refund all or a portion of such Commission to the 老九品茶 Partner, but there are no longer Canadian dollars available in your eWallet, we shall be able to retract the equivalent amount of the necessary retraction in a different currency that is available in your eWallet).
(6) If, pursuant to an 老九品茶 Partner鈥檚 policies or other service agreement between us and an 老九品茶 Partner, a portion of听 the fees paid to us by an 老九品茶 Partner are for additional services provided by us to the 老九品茶 Partner, other than Recruitment Partner/Counsellor Services, your Commission amount will be calculated based on the fees issued to us that were allocated for Recruitment Partner/Counsellor Services.
(7) If more than one Recruitment Partner/Counsellor makes a claim for a Commission for the same Student, payment of the Commission will be made to the Recruitment Partner/Counsellor that has submitted a tuition receipt on behalf of the Student.听
(8) For Students receiving a reduced tuition rate due to an awarded scholarship or Students receiving a reduced tuition rate in the form of a Program waiver, you will receive Commission based on the decreased tuition amount.
(9) For Students who elect to pay according to a payment plan, you will receive Commission calculated based on the amount actually paid by the Student at the time the Commission is paid to you.听
(10) You will be required to update the prospective Student鈥檚 Visa application results on the 老九品茶 Platform in accordance with the instructions we provide to you from time to time. Accordingly, where you do not take certain actions, including, but not limited to, providing the Student鈥檚 visa submission date and providing updates regarding changes to or results of the application, within 10 calendar days from the applicable Student鈥檚 Program start date, we shall have the discretion to withhold payment of your Commission
(11) Subject to 老九品茶’s discretion, any Commission displayed as an account balance on your 鈥渄ashboard鈥� of the 老九品茶 Platform for which no Invoice has been submitted for one calendar year from the date of the last Student application submitted by you using the 老九品茶 Platform shall be deemed to be immediately forfeited by you and may be reclaimed by 老九品茶 at any time thereafter without notice to you. If an ApplyCredit balance exists at that time, even if no Commission balance is displayed, it will be subject to the same.听
(12) The following provisions shall apply to you in the unique situation where you are eligible to receive payment of a Commission amount in advance of such Commission amount being earned by you in accordance with these Terms and Conditions (such Commission payments, 鈥�Advanced Commissions鈥�):听
(i) Disclaimer: Any Advanced Commission amount posted to your eWallet is not an additional earned Commission amount, but rather a conditional cash flow advance (i.e., early provision of credit) on prospective Commission(s) that may (or may not) be earned in accordance with these Terms and Conditions. Advanced Commissions do not entitle a Recruitment Partner to any Commission amount greater than that which you would otherwise be entitled under these Terms and Conditions. As such, 老九品茶 will retract any Advance Commission amounts issued to you that have (or have yet to be) confirmed as an earned Commission amount, pursuant to these Terms and Conditions, after a certain amount of time has passed, as determined by 老九品茶 in its sole discretion. If such retractions cannot be actioned due to insufficient funds, deductions on future Commission earnings will be enforced. When Commission earnings are available to post they will be visible in the normal course in your eWallet through the transaction history. For the avoidance of doubt, we shall be able to retract such amount, or require repayment from you, in any currency available as displayed in the amounts owing balance section on the 鈥淎dvanced Commissions鈥� tab of your dashboard on the 老九品茶 Platform, regardless of the currency in which such Advanced Commission amount was initially paid (e.g. If the amount in question was paid to you in Canadian dollars but there are no longer Canadian dollars available in your eWallet, we shall be able to repay the equivalent amount of the necessary repayment in a different currency that is available in your eWallet) 听听
(ii) Where an Advanced Commission amount is issued to you, entitlement to the underlying Commission amount remains subject to all applicable Terms and Conditions required to receive such Commission amount. If such conditions are not met or certain of these Terms and Conditions, which entitle us to retract or withhold your Commission amounts, are breached, we reserve the right to retract the Advanced Commission amount issued to you in full. If retractions cannot be actioned due to insufficient funds, deductions on future Commission earnings will be enforced.
(1) In addition to the your adherence to the requirements in Section 8 herein, you will not receive a Commission for a Student that applies to an 老九品茶 Partner located in a Study Destination Country if:
(i) At the time of application, you are aware that such Student will become a citizen, permanent resident or conditional permanent resident of the Study Destination Country;
(ii) Such Student holds another eligible non-citizen immigration designation of such Study Destination Country;听
(iii) Any submission of applications for Students who either use a Form I-20, or a study permit or VISA to enter Canada, the U.S., the U.K., Australia or any other Study Destination Country and fail to enroll or immediately transfer to another institution;
(iv) The name of the student on the application is the name of the holder of the owner account, their staff or sub-agents; or听
(v) The student is an immediate family member of the holder of the owner account, their staff or sub-agents.听
(2) You will not receive a Commission if: (i) fraudulent documents are submitted to us on behalf of a Student; (ii) you provide fraudulent advice to a Student; (iii) you provide inaccurate information about a Student; (iv) a letter of acceptance to a Student is altered by any party other than an 老九品茶 Partner; (v) you breach 老九品茶鈥檚 as may be posted on the 老九品茶 Platform and made available to you (and amended) from time to time; or (vi) a Student is recruited through our own recruiting efforts. In each of these situations we may also: (i) issue to you a warning letter; (ii) ban you from submitting applications to 老九品茶 Partners in the applicable Student Destination Countries; (iii) suspend or discontinue all or any part of the 老九品茶 Services or 老九品茶 Platform available to you; (iv) terminate your Agreement with us; or (v) advise that the Student you are attempting to claim Commission in respect of is not eligible for payment.
(1) To receive Commission, you must use an 老九品茶 invoice template or withdrawal request when required and must:
(i) Have successfully fulfilled your obligations for KYC and Identity Verification Processes pursuant to Section 3(6) of these Terms and Conditions;
(ii) Contain relevant details (for example student details, applications, amounts, tax registration numbers and applicability, etc.);
(iii) Complete the bank details section of the invoice;听
(iv) Complete the company details section of the invoice;听
(v) Support for banking (such as a void cheque) is provided; and听
(vi) Evidence that the beneficiary entity on the bank account provided owns or is owned by your registered name with 老九品茶 (business registration,etc.).
(2) Your Commission payments will be transferred to the bank account of the business that is registered with us in the country where your business is located.听 No payment will be made to a bank account in a country other than the country where your business is registered as indicated by our records.
(3) If the beneficiary named on the bank account is different than the name registered with us due to the type of entity (e.g., a proprietary business where the bank account might be in the name of the owner instead of the business name), you must provide a declaration letter. Additionally, proof of ownership must be presented, mentioning the above facts and relieving us of any future liability. The account should be in a bank in your country of domicile. 听
(4) If the beneficiary name is different and not covered above (i.e., not a proprietary business), you must provide a declaration letter, along with proof of ownership, relieving us from any future liability. The account should be in a bank in your country of domicile.
(5) No payment will be made to a bank account of any of your relatives or family members.
(6) You acknowledge and agree that we are not a bank and do not provide you with a bank account, and so the 老九品茶 Services are not covered by banking laws. The amounts reflected in the 老九品茶 Platform may be Commissions owed and accumulated until such time as you choose to trigger our payment to you.听 When you provide us with personal information required to process payments to you, we are considered to be a data controller and we may enter into agreements with third parties who are also data controllers so we can send you your payment.听 You provide us with consent to share such personal information to process such payments.听 We maintain a list of the third party payment processors with whom we contract and use to process payment to you, which you may request from us at any time.听 You further agree that the commissions owed ledger is a 鈥榲irtual account鈥� and is not a bank account, that the funds transferred to us are beneficially ours and will not be held on trust for you, and that you will not earn interest or be entitled to any interest on any funds.听 While we may provide gift promotional 老九品茶 “credit”, such amounts are non-withdrawable and can only be used for 老九品茶 purposes.
While the following does not form part of this Agreement, for informational purposes, you may find additional information on how to claim your Commission at: /commission.听
(1) You will be solely responsible for all expenses incurred as a direct or indirect result of the performance of the Recruitment Partner/Counsellor Services, including expenses for advertising, promotional activities, travelling to roadshows, and meeting Students. You will not be entitled to reimbursement of such expenses by us, unless we expressly agree otherwise in writing.
(2) You will share appropriate tax information with 老九品茶 upon request, file and pay, at your expense, all applicable federal, provincial and local taxes under applicable law associated with your provision of the Recruitment Partner/Counsellor Services, and all other amounts required to be paid in respect of money paid to you, unless otherwise agreed to in writing by us.听
If a governmental or regulatory authority deems you to be an employee of 老九品茶 and asserts that we are responsible for making any source deductions or other payments on monies paid to you, or asserts that we are responsible for withholding certain amounts from you, then we will be entitled to start making such source deductions or withholdings, and to deduct an amount equal to any source deduction, withholding or retroactive assessment, together with any costs, penalties and expenses (including legal fees and costs, on a solicitor and own client basis) incurred by us related to such assertions, deductions or withholdings, from any amounts then payable by us to you under this Agreement.
(1) You must keep the terms of this Agreement and all information provided by us confidential, except to the extent required to perform the Recruitment Partner/Counsellor Services.
(2) You acknowledge and consent to receive, during the course of this Agreement, information considered confidential or proprietary by us, including the 老九品茶 Platform and Content, business plans and strategy, designs, prototypes, compilation of information, data, programs, methods, inventions, licenses, techniques or processes, training materials, industry information, marketing intelligence, information relating to any 老九品茶 service, our software, website and web platform, client and Student information, financial information, marketing information, intellectual property, business opportunities, or research and development (鈥�Confidential Information鈥�).
(3) At all times during the Term and at all times following termination of this Agreement:听
(i) You will maintain all Confidential Information in strict confidence, will take all necessary precautions against unauthorized disclosure of Confidential Information, and will not, directly or indirectly, disclose, allow access to, transmit or transfer any Confidential Information to a third party without our knowledge and express written consent;
(ii) You will not use, disclose or reproduce the Confidential Information, except as reasonably required in the performance of the Recruitment Partner/Counsellor Services and with our knowledge and express written consent; and
(iii) You will advise us immediately in writing of any misappropriation, disclosure, conversion or misuse by any person of any Confidential Information of which you may become aware.
(4) You will immediately return to us all Confidential Information which is in your possession or control upon the earlier of a request by us or the termination of this Agreement.
(5) You specifically agree that damages may not adequately compensate us for any breach of your obligations contained in this Section 13, and accordingly you agree that in addition to any and all other remedies available, we will be entitled to a temporary or permanent injunction to enforce these obligations.听
(6) Your non-disclosure obligations under this Agreement will not apply to Confidential Information which you can establish:听
(i) 听Is, or becomes, readily available to the public other than through a breach of this Agreement;
(ii) Was disclosed, lawfully and without breach of any contractual or other legal obligation, to you by a third party without any confidentiality obligation attached to such information;
(iii) 听Was lawfully known to you without any confidentiality obligation prior to receipt of the Confidential Information from us; or
(iv) Was independently developed or discovered by you outside of the course of your performance of your obligations under this Agreement, without any reference to any Confidential Information obtained from us.听
(7) You may also disclose Confidential Information if, and only to the extent, that you are required to do so by applicable law, provided that you give us sufficient notice to enable us to seek an order limiting or precluding such disclosure.听
(1) During the Term and for a period of 18 months after the termination or expiry of this Agreement, in the countries in which you have performed the Recruitment Partner/Counsellor Services, you agree not to (whether directly or indirectly, individually or in partnership or jointly or in conjunction with, or for the benefit of, any person):
(i) solicit (which term will include the acts of soliciting, recruiting, inducing or attempting to influence) any 老九品茶 Partner to use products or services that directly compete with the 老九品茶 Services (unless you obtain our express prior written consent permitting you to sell, promote the sale of, advertise, or accept orders for such competing products, which consent may relate to specific 老九品茶 Partners or to all 老九品茶 Partners on the basis that you had a preexisting written agreement brought to our attention prior to agreeing to this Agreement);
(ii) use Content without our permission;
(iii) 听create a platform to compete with the 老九品茶 Platform; or
(iv) 听solicit any employee, contractor or other personnel of 老九品茶 to leave the employ of, or engagement with, 老九品茶, unless such solicitation occurred prior to commencement of the Term and provided no further solicitation continued after the commencement of the Term.
(2) You acknowledge that a breach of this Section 14 will cause us irreparable harm, and that we are therefore entitled to a permanent and interlocutory injunction prohibiting you from engaging in such activity if we reasonably believe you have performed such a breach. You confirm that the obligations set out in this Section 14 are fair and reasonable, and that, given your general knowledge and experience, they will not preclude you from becoming gainfully employed or from otherwise working elsewhere in your industry for third parties during and following the Term of this Agreement. You therefore waive all defences to the strict enforcement of this Section 14.听
Subject to early termination or expiry of this Agreement: (1) the initial term of this Agreement will be 12 months from the date that you agree to this Agreement (the “Initial Term“); and (2) the Initial Term will automatically renew for subsequent 12-month terms on the anniversary of this Agreement (each, a “Renewal Term“, and each Renewal Term, together with the Initial Term, the 鈥�Term鈥�).
(1) This Agreement may be terminated by either Party for any reason, without cause, upon 30 calendar days鈥� written notice addressed to the other Party.
(2) We will track breaches of this Agreement by you, including (each, an 鈥�Event of Default鈥� and together, 鈥�Events of Default鈥�):听
(i) any use of dishonest business practices, including engaging in false, misleading or unethical advertising and recruitment practices;
(ii) any submission of applications for Students who either use a Form I-20, a study permit or VISA to enter Canada, the U.S., the U.K., Australia or any other Study Destination Country and fail to enroll or immediately transfer to another institution;
(iii) any submission of applications with fraudulent documents, including but not limited to transcripts, language proficiency tests, letter of admission, and/or falsified bank statements;听
(iv) Plagiarism of documents, including but not limited to a Statement of Purpose;听
(v) any negligence, carelessness or incompetence;听
(vi) any sending of Students to an 老九品茶 Partner if such Students cannot afford to pay all of their educational expenses;听
(vii) any misleading of Students about fees they must pay; or听
(viii) any charging of unreasonable, non-industry standard fees in a Student鈥檚 country of residency or where an international Student has been recruited. The reasonableness of fees is determined solely by us.
(3) We may terminate this Agreement immediately upon notice for cause if:
(i) (a) you commit a material breach of this Agreement (including an Event of Default) that cannot be rectified; or (b) you commit a material breach of this Agreement (including an Event of Default) that can be rectified and you fail to rectify the breach within 30 calendar days of us delivering notice of your breach;
(ii) you consistently fail to perform your obligations under this Agreement, after having been previously notified by us at least once of your consistent failure to perform;
(iii) you fail to comply with applicable laws or commit fraud or intentional misconduct; 听
(iv) you commit a breach of any of your representations in this Agreement; or 听
(v) you become insolvent, a receiver or receiver manager is appointed for any part of your property, you make an assignment, proposal or arrangement for the benefit of your creditors, you file an assignment in bankruptcy, or any proceedings under any bankruptcy or insolvency laws are commenced against you.
(1) Upon termination or expiry of this Agreement, you must:
(i) submit all applications and fees from Students received up to the date of termination;
(ii) immediately cease holding yourself out as authorized to recruit on behalf of us or any of the 老九品茶 Partners and immediately cease all recruitment for us and the 老九品茶 Partners; and
(iii) immediately cease using any Trademarks (as defined in Section 18(3) below), advertising, promotional or other material supplied by us or the 老九品茶 Partners and return all such material to us by registered mail or a reputable international courier, at your expense. 听
(iv) you commit a breach of any of your representations in this Agreement; or 听
(v) you become insolvent, a receiver or receiver manager is appointed for any part of your property, you make an assignment, proposal or arrangement for the benefit of your creditors, you file an assignment in bankruptcy, or any proceedings under any bankruptcy or insolvency laws are commenced against you.
(2) The termination of this Agreement by either Party does not affect any accrued rights or remedies of either Party.
(3) Rights and obligations which have accrued or arisen under this Agreement will survive the expiration or termination of this Agreement without prejudice. All provisions of this Agreement which by their nature should survive in order to give effect to this Agreement, shall survive termination or expiration, including Section 14 and this Section 17.
(1) You acknowledge it is an integral part of the 老九品茶 Recruitment Partner/Counsellor Program that we generate data and information in connection with your access and use, including for purposes related to enhancing or remediating existing products or services or developing new products or services. Accordingly, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license to collect, use, sample and generate data or information in connection with your access to or use of the 老九品茶 Recruitment Partner/Counsellor Program, provided such data and information does not contain any Personal Information or confidential information of yours (such data and information, 鈥�Aggregated Statistical Information鈥�).
(2) As between you and us, we own all rights (including intellectual property rights), title and interest in and to: (i) the 老九品茶 Recruitment Partner/Counsellor Program, including the 老九品茶 Platform; and (ii) all Aggregated Statistical Information, including, in each case, all adaptations, translations, modifications, enhancements and derivative works of the foregoing. The 老九品茶 Platform and Content are protected by copyright, trademark and other intellectual property laws.
(3) You may only use our trademarks and service marks ( the 鈥淭谤补诲别尘补谤办蝉鈥�) with our express consent. You may request such consent by submitting an electronic request to recruitmentsupport@applyboard.com or in another format prescribed by us. You agree to use the Trademarks provided by us听 solely for the purposes of performing the Recruitment Partner/Counsellor Services and in accordance with any trademark guidelines provided to you from time-to-time. Any goodwill arising from your use of the Trademarks will accrue to us.听
(4) You acknowledge that you do not acquire any intellectual property or other proprietary rights under this Agreement, including any right, title or interest in and to patents, copyrights, Trademarks, industrial designs, Confidential Information, or trade secrets relating to any part of the 老九品茶 Recruitment Partner/Counsellor Program. Any rights not expressly granted under this Agreement are reserved.听
(1) How we handle information about an identifiable individual or otherwise subject to applicable laws in respect of personal information (鈥�Personal Information鈥�) is governed by our privacy policy, available at: /privacy-policy.听 We may perform identity verification and/or sanction screening processes to determine whether you can continue to be a Recruitment Partner/Counsellor and we reserve the right to use third parties under agreement with use to perform such processes.
(2) 听We are the controller of your Personal Information. You may contact 老九品茶 with concerns about your privacy rights or privacy and data security compliance at: DPO@applyboard.com. The categories of Personal Information 老九品茶 may collect and use are your name, address, email address, passport or other identification, telephone number, banking information, and other data related to the services and related purposes described herein.
(3) 听老九品茶 will share your Personal Information with third parties who collect, store and process your Personal Information on behalf of 老九品茶 and who are contractually obligated to keep your Personal Information confidential subject to appropriate safeguards to prevent it from unauthorized disclosure. 老九品茶 also intends to share your Personal Information with: appropriate internal institutional business units and departments as required during the course of our relationship with you which have a legitimate need for the data and payment processors in the event we use a third party payment processing service.听 Your Personal Information may be transferred across jurisdiction as necessary to provide the services. You consent to such transfer and understand that your data will be subject to the relevant jurisdictions based on location, including Canadian legislation, depending on the servers we use to store such data.听 Please note that you have the right to request access to, correction of, and deletion, of your Personal Information. You also have the right to revoke this consent to use your Personal Information. If you are not satisfied with how we attended to your rights and requests, you can lodge a complaint with your local Data Protection Authority. These rights are more specifically described in the Privacy Notices posted on the 老九品茶 website at: /privacy-policy.
(4) You will provide adequate privacy notice to any individual whose Personal Information you are collecting on behalf of 老九品茶, explaining what Personal Information is being collected, how and to whom it may be disclosed, including to third party ancillary product providers, how it will be used by 老九品茶 and their partners, and how they can contact 老九品茶 if they have any queries about how their Personal Information is used.听
(5) Notwithstanding Section 13(6), you will not disclose any Personal Information of Students other than in accordance with the performance of the Recruitment Partner/Counsellor Services, except with our prior written consent. This includes disclosure of Personal Information to parties other than 老九品茶, or retention of Personal Information for longer than is necessary to facilitate the service provided.
(6) You will use organizational and technical measures to safeguard any Personal Information of Students in your possession and control.
(7) You will store, process, transmit and otherwise use all Personal Information of Students in compliance with applicable law, including laws applicable to privacy.
(8) You will not use Personal Information of Students collected on behalf of 老九品茶 for any reason other than for the performance of the Recruitment Partner/Counsellor Services and for communicating with us and 老九品茶 Partners.
(9) You will immediately notify us if you become aware of a security or privacy breach affecting the Personal Information of Students.
(1) You will be solely responsible for all of the Recruitment Partner/Counsellor Services and activities undertaken under this Agreement. We expressly disclaim all liability for any claims, losses or damages arising out of the Recruitment Partner/Counsellor Services and activities, including any claims, losses or damages relating to representations made by you to Students or other third parties.
(2) We do not assess the information you submit or upload into the 老九品茶 Platform for quality or otherwise. 老九品茶, 老九品茶 Partners and other third parties to whom we are permitted to pass such information under this Agreement, may rely on the accuracy of such information provided by you. Any feedback that you receive with respect to the information you submit or upload into the 老九品茶 Platform is not as the result of any specific examination of such information by us, or any judgment exercised by us with respect thereto.
(3) THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM AND THE CONTENT IS MADE AVAILABLE ON AN 鈥淎S IS鈥�, 鈥淲HERE IS鈥�, AND 鈥淎S AVAILABLE鈥� BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE. USE OF THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM AND THE CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE.
(4) THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM AND THE CONTENT MAY CONTAIN ERRORS, OMISSIONS AND INACCURACIES, INCLUDING PRICING ERRORS. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM OR THE CONTENT. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS PROVIDED TO YOU THROUGH THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY CONTENT, AND USE OF THE APPLYBOARD PLATFORM IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT, OPINIONS, STATEMENTS OR ADVICE OBTAINED THROUGH USE OF THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM OR ANY THIRD PARTY LINKED SITE.
(5) 听WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF THE APPLYBOARD PLATFORM OR听 SPECIFIC SERVICES AND WE DO NOT WARRANT THAT THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM WILL OPERATE WITHOUT INTERRUPTION.
(6) 听We have no control over 老九品茶 Partners or any other entity granting visas, admissions, permits or other authorizations in connection with Students鈥� applications; you acknowledge that the success of such applications is solely within the control of such third parties, not us, and you release us from all liability in connection therewith.
(7) The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the 老九品茶 Platform or the Content are compatible with your computer system or that the 老九品茶 Platform, or any links from the 老九品茶 Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the 老九品茶 Platform.
(8) We do not guarantee the confidentiality of any communications made by you through the 老九品茶 Platform, over the internet or over the telephone. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from and through the 老九品茶 Platform, you understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the 老九品茶 Platform.
(9) The 老九品茶 Platform may provide links to third party websites, including, without limitation, those of 老九品茶 Partners. These links are provided solely for your convenience and for the convenience of other users of the 老九品茶 Platform. We do not endorse the information, products or services described on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control and does not form part of the 老九品茶 Platform, and if you choose to access any such website, you do so entirely at your own risk.听
(1) You covenant, represent and warrant that you:
(i) have the full power to enter into, and to perform your obligations under, this Agreement, and to grant the rights and licences referred to in this Agreement;
(ii) have in place any necessary licences and permissions to perform the Recruitment Partner/Counsellor Services in the Territory;
(iii) will comply with all applicable laws, codes, regulations, guidelines and similar instruments that govern your provision of the Recruitment Partner/Counsellor Services in providing the Recruitment Partner/Counsellor Services and performing your obligations under this Agreement; 听听
(iv) 听acknowledge that each Study Destination Country may have unique applicable laws, codes, regulations, guidelines and similar instruments that govern your provision of the Recruitment Partner/Counsellor Services, and that you are aware of and will comply with, at all times, all such instruments when providing Recruitment Partner/Counsellor Services regarding a particular Study Destination Country; 听听
(v) 听are not listed on any Canadian or U.S. governmental or regulatory authority lists of prohibited or restricted parties;
(vi) are not located in a country that is subject to Canadian or U.S. government embargo or sanctions which would prohibit you from performing the Recruitment Partner/Counsellor Services;听
(vii) will perform the Recruitment Partner/Counsellor Services in a professional manner that reflects favourably at all times on the reputation of 老九品茶;听
(viii) shall not collect any funds (including tuition fees, but excluding application fees) from the Student that are required by the 老九品茶 Partner unless explicitly approved by the Student in writing and/or explicitly approved by 老九品茶 in writing;
(ix) shall not make any payments on behalf of the Student to the 老九品茶 Partner unless explicitly approved by the Student in writing and/or explicitly approved by 老九品茶 in writing;听
(x) shall, in the event that the 老九品茶 Partner processes a refund for the Student, notify 老九品茶 and the Student immediately of said refund;听
(xi) shall, in the event that the 老九品茶 Partner sends a refund for the Student directly to you, immediately notify 老九品茶 and send the refund to the Student;听
(xii) will not engage in deceptive, dishonest, misleading, biased, illegal or unethical practices that might reasonably be detrimental to Students, us or the 老九品茶 Services, including:听
(a) suggesting to Students that they can come to a Study Destination Country听 on a student visa with a primary purpose other than full-time study;
(b) suggesting to Students that they can come to a Study Destination Country听 on a student visa with a primary purpose other than full-time study;听
(c) making any representations or offering any guarantees to Students about whether they will be granted admission to a Program or a student visa;
(d) submitting any false visa documentation; 听
(e) engaging in false or misleading advertising or recruitment statements; or
(f) making inaccurate claims of association with us or with any 老九品茶 Partners; 听
(xiii) will not make any representations, warranties or guarantees about us, the 老九品茶 Services, or any 老九品茶 Partners, unless expressly authorized in writing by us;
(xiv) 听will not use marketing and informational material unless provided by or approved by us;
(xv) are not and, if you are an entity, your owners, directors, officers or principals, are not, a political party or political party official or candidate for office, or any person: (a) holding a legislative, administrative or judicial office; (b) employed or appointed by a governmental or regulatory authority; or (c) employed or acting on behalf of an agency, department, corporation, board, commission or enterprise that is controlled by a governmental or regulatory authority; and you will promptly inform us of any changes in this regard; 听听
(xvi) are familiar with the Corruption of Foreign Public Officials Act (Canada), the Bribery Act 2010 (c.23) (England and Wales), and the Foreign Corrupt Practices Act (U.S.), as well as all other applicable laws in the applicable Study Destination Countries pertaining to anti-bribery and anti-corruption (“Bribery Laws“); 听 听
(xvii) will, at all times, comply with all Bribery Laws in carrying out your obligations under this Agreement and will not take any action or fail to take any action that could cause us to violate any Bribery Laws;
(xviii) are familiar with the Modern Slavery Act 2015 (UK) and the Modern Slavery Act 2018 (Australia), understand that modern slavery is a serious violation of an individual鈥檚 dignity and human rights and, at all times, will not engage in, support or facilitate exploitative practices including, but not limited to, human trafficking, slavery, servitude, forced labour, debt bondage and forced marriage;
(xix) will, at all times, comply with the Family Educational Rights and Privacy Act, 20 U.S.C. & 1232g, and its implementing regulations, 34 C.F.R. & Pt. 99;听
(xx) will not discriminate based on age, race, gender, sexual orientation, religion, marital status, ethnicity, disability, socioeconomic status or other reason;听
(xxi) will, at all times, charge Students a reasonable fee for the services you provide to such Students, that is in accordance with industry standards in the Student鈥檚 country of residency or where the Student has been recruited;听
(xxii) as a necessary party enabling us to carry out our obligations to the 老九品茶 Partners, have a legitimate educational interest in access to the educational records and information (the “Educational Records“) concerning Students;听
(xxiii) in the U.S., may have access to such Educational Records subject to and in accordance with 34 C.F.R. 99.31(a)(1)(B);
(xxiv) will not release or disclose the Educational Records of any Student without the express written authorization of the Student; and
(xxv) will promptly respond in reasonable detail to any notice from us reasonably connected with your obligations contained in this Section 21 and will furnish applicable documentary support for such response upon our request.
(2) YOU COVENANT, REPRESENT AND WARRANT THAT YOU:
(i) WILL NOT PROVIDE ANY IMMIGRATION OR VISA RELATED ADVICE, AT ANY STAGE OF AN APPLICATION OR PROCEEDING (INCLUDING PRIOR TO AN APPLICATION BEING MADE), TO STUDENTS UNLESS YOU COMPLY WITH APPLICABLE LAW IN THE COUNTRY TO WHICH THE STUDENT IS APPLYING AND, IF REQUIRED, ARE REGISTERED PURSUANT TO SUCH APPLICABLE LAW, INCLUDING, TO THE EXTENT APPLICABLE TO CANADIAN RECRUITMENT PARTNER/COUNSELLORS, COMPLYING WITH AN ACT TO AMEND THE IMMIGRATION AND REFUGEE PROTECTION ACT S.C. 2011, C.8, AS UPDATED OR AMENDED FROM TIME TO TIME, AND THE REGISTRATION REQUIREMENTS REFERRED TO IN SUCH ACT;
(ii) 听WILL NOT CHARGE A RELATED FEE OR OTHER CONSIDERATION TO STUDENTS FOR ANY IMMIGRATION OR VISA RELATED ADVICE UNLESS QUALIFIED UNDER APPLICABLE LAW; AND
(iii) WILL RE-DIRECT STUDENTS TO A REGISTERED ADVISOR.听
You will defend, indemnify and hold harmless us, our affiliates, successors, assignees and our and their respective directors, officers, shareholders, employees and agents from and against all losses, costs, damages, expenses, fines, fees, penalties, interest and liabilities (including reasonable legal fees and court costs):
(1) brought in connection with or as a result of
(i) your breach of any of your covenants, warranties, representations or obligations under this Agreement, including your violation of any applicable law or failure to obtain informed consents from Students as required in Section 3(1)(viii);
(ii) your infringement, misappropriation or violation of the rights of a third party, including any intellectual property rights; or
(iii) use of the 老九品茶 Recruitment Partner/Counsellor Program or the Content by you or by any third party obtaining access to the 老九品茶 Recruitment Partner/Counsellor Program through your account and Access Information; and
(2) for any amounts that are not recovered by us by way of setoff as described in Section 12, within 30 calendar days after we receive a written demand for such amounts from us.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM, THE CONTENT OR THIS AGREEMENT.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THIS AGREEMENT, OR YOUR OR A STUDENT鈥橲 USE OF, OR INABILITY TO MAKE USE OF, THE APPLYBOARD RECRUITMENT PARTNER/COUNSELLOR PROGRAM OR THE CONTENT, EXCEED $2,000CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
The provisions outlined in this section apply to all Recruitment Partner/Counsellors where the Study Destination Country is Australia and, to the extent of any inconsistency, the provisions in this section shall prevail over any other clause in the Agreement.
(1) You acknowledge that you are responsible, at all times, for complying with, as applicable, the Australian Education Services for Overseas Students Act 2000 (Cth) (the 鈥�ESOS Act鈥�), as well as the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the 鈥�Australian National Code鈥�), including any updates or amendments thereto as may be implemented from time to time.
(2) As applicable, you must:
(i) provide us with any assistance or information we reasonably request to allow us to comply with our obligations under the ESOS Act and the Australian National Code; and
(ii) 听act in compliance with, at all times, all requirements and standards set out in the ESOS Act and the Australian National Code.
(3) We may immediately terminate this Agreement with you for cause if, at any point, we have determined, become aware, or have reasonable cause to suspect, you are in breach of the requirements described in this section.
The provisions outlined in this section apply to all Recruitment Partners/Counsellors where the Study Destination Country is New Zealand and, to the extent of any inconsistency, the provisions in this section shall prevail over any other clause in the Agreement.
(1) You acknowledge that you are responsible, at all times, for complying with, as applicable, the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the 鈥�New Zealand Code鈥�) including any updates or amendments thereto as may be implemented from time to time.
(2) As applicable, you must:
(i) provide us with any assistance or information we reasonably request to allow us to comply with our obligations under the New Zealand Code; and
(ii) act in compliance with, at all times, all requirements and standards set out in the New Zealand Code.
(3) 听We may immediately terminate this Agreement with you for cause if, at any point, we have determined, become aware, or have reasonable cause to suspect, you are in breach of the requirements described in this section.
The provisions outlined in this section apply to all Recruitment Partner/Counsellors where the Study Destination Country is the United Kingdom and, to the extent of any inconsistency, the provisions in this section shall prevail over any other clause in the Agreement.
(1) 听You acknowledge that you are responsible, at all times, for complying with, as applicable, the National Code of Ethical Practice for UK Education Agents (the 鈥�National Code鈥�), as well as the the Guide to Good Practice for Education Agents issued by the British Council (the 鈥�Good Practice Guide鈥�) including any updates or amendments thereto as may be implemented from time to time.
(2) As applicable, you must:
(i) provide us with any assistance or information we reasonably request to allow us to comply with our obligations under the National Code or the Good Practice Guide; and
(ii) 听act in compliance with, at all times, all requirements and standards set out in the National Code and the Good Practice Guide.
(3) We may immediately terminate this Agreement with you for cause if, at any point, we have determined, become aware, or have reasonable cause to suspect, you are in breach of the requirements described in this section.
The provisions outlined in this section apply to all Recruitment Partner/Counsellors where the Study Destination Country is Ireland and, to the extent of any inconsistency, the provisions in this section shall prevail over any other clause in the Agreement.
(1) You acknowledge that you are responsible, at all times, for complying with, as applicable, the Ireland Code of Practice for Provision of Programmes of Education and Training to International Learners (the 鈥�Ireland Code鈥�) including any updates or amendments thereto as may be implemented from time to time.
(2) As applicable, you must:
(i) provide us with any assistance or information we reasonably request to allow us to comply with our obligations under the Ireland Code; and
(ii) act in compliance with, at all times, all requirements and standards set out in the Ireland Code.
(3) We may immediately terminate this Agreement with you for cause if, at any point, we have determined, become aware, or have reasonable cause to suspect, you are in breach of the requirements described in this section.
The provisions outlined in this section apply to all Recruitment Partners/Counsellors where the study-destination is Manitoba and British Columbia, Canada, and, to the extent of any inconsistency, the provisions in this section shall prevail over any other clause in the Agreement.
(1)听You acknowledge that you are responsible, at all times, for complying with, as applicable, the International Education Act (the 鈥�IEA鈥�), as well as the Code of Practice and Conduct Regulation (the 鈥�Manitoba Code鈥�), including any updates or amendments thereto as may be implemented from time to time.
(2) As applicable, you must:
(i) provide us with any assistance or information we reasonably request to allow us to comply with our obligations under the IEA and the Manitoba Code; and
(ii) act in compliance with, at all times, all requirements and standards set out in the IEA and the Manitoba Code.
(3) You acknowledge that you are responsible, at all times, for complying with, as applicable, the Education Quality Assurance International Education Code of Practice (the 鈥�BC EQA鈥�), including any updates or amendments thereto as may be implemented from time to time.
(4) As applicable, you must:
(i) provide us with any assistance or information we reasonably request to support our or your compliance under the BC EQA; and
(ii) act in compliance with, at all times, all requirements and standards set out in the BC EQA.
(5) We may immediately terminate this Agreement with you for cause if, at any point, we have determined, become aware, or have reasonable cause to suspect, you are in breach of the requirements described in this section.
(1) You acknowledge that you are responsible, at all times, for complying with, as applicable, the higher education laws of the federal states (鈥淟补苍诲别谤鈥�), as well as the University Framework Act (鈥�University Act鈥�) and the Federal Higher Education Framework Act (鈥�HRG鈥�), including any updates or amendments thereto as may be implemented from time to time.
(2) You acknowledge and agree to comply with the National Code of Conduct for German Universities Regarding International Students, including any amendments thereto as may be implemented from time to time.
(1) In addition to the Recruitment/Counsellor Services, you acknowledge and agree that when you make ancillary products and/or services available to Students via 老九品茶 through the 老九品茶 Platform or our third-party partnerships that you will do so in a responsible, truthful and ethical manner consistent with the obligations set out herein and specifically You will:
(i) advise and educate Students that 老九品茶 is providing one stop solutions for the international student journey, including but not limited to funding education loans in collaboration with lending providers, GIC purchases in connection with certain banks and language test vouchers made available through ApplyShop;
(ii) advise and educate Students about their obligation to complete their applications and/or tests with accuracy, completeness and directly accept any and all applicable Terms and Conditions;
(iii) provide credible Student leads to 老九品茶 who may be seeking financial aid and/or assistance with Student loans from financial institutions and/or who may be seeking GIC and/or ancillary products in connection with the international student journey;听
(iv) agree that 老九品茶 may contact student(s) directly, which are referred by you or sourced from the 老九品茶 Platform, for the purpose of providing education loan and/or funding solutions and/or GIC or other ancillary products or other services for the international student journey;听
(v) follow applicable invoicing procedures as required in connection with applicable ancillary product and as may be communicated on ApplyAssist; in case of any loan disbursements from Indian financial institutions and/or banks as the services are delivered in India by such banks/financial institutions and taxes would be applicable as per the Indian Regulations, any Commission in such cases must be invoiced by you to and payable by 老九品茶 India Services Private Limited, including all taxes as applicable. 老九品茶 shall be entitled to claim the input tax credit based on the return filed by you. The information provided in the tax return, including but not limited to the Invoice Number, GST Amount, and Service Amount, must correspond with the details specified in the invoice. In the event that any interest and/or penalties are imposed by the Tax Department or any Indian Government Authority due to non-compliance with the transaction, you shall bear sole responsibility for such charges. For all other jurisdictions where the financial institution is outside of India, you must invoice 老九品茶. for any applicable Commission owed; and听
(vi) agree that you do NOT have authority to negotiate or finalize sales on behalf of 老九品茶 or give any assurance of financial assistance/loan and/or likelihood of success of any applicable products being provided to the Student by any financial institution and/or third party.
(1) 老九品茶 Elevate is a performance, loyalty and recognition program operated by 老九品茶 which allows Recruitment Partners to receive special benefits and product features as defined in the Terms and Conditions attached as Annexure 1 hereto (the 鈥溊暇牌凡� Elevate Terms and Conditions鈥�).
You will provide us with any feedback or suggestions from you or Students relating to the 老九品茶 Platform or Content, including any suggestions for modifications or enhancements to the 老九品茶 Platform or Content. You will promptly and accurately report to us any actual or apparent errors, problems, nonconformities or other difficulties with the 老九品茶 Platform, along with any other information reasonably requested by us to aid in resolving such errors, problems, nonconformities or other difficulties.听 You irrevocably assign and transfer to us all worldwide right, title and interest, and all intellectual property rights, in and to all such feedback, suggestions and reports.听 You will procure the waiver of any moral rights in and to such feedback, suggestions and reports.
Our relationship with each other is that of independent service providers. Nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal-agent or employment relationship between you and us. Except as expressly authorized by us in this Agreement, you will neither act nor purport to be acting as our legal agent, nor bind or purport to bind us in any manner. You are solely responsible for carrying your own workers鈥� compensation insurance and any other required and necessary insurance mandated in the jurisdiction(s) in which you operate.
This Agreement will be governed by the laws of Ontario and the applicable federal laws of Canada, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. The Parties waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising out of or relating to this Agreement. All disputes arising out of or in connection with this Agreement, the 老九品茶 Recruitment Partner/Counsellor Program or the Content shall be resolved in the jurisdiction and venue of the courts in Toronto, Ontario, Canada. Provided that in a certain scenario, the courts at another city/country may also have jurisdiction to deal with any dispute arising out of or in connection with this Agreement, in which case, 老九品茶 may in its sole discretion elect the jurisdiction of that Court.
Not all of the 老九品茶 Recruitment Partner/Counsellor Program is available in all jurisdictions and we reserve the right in our sole discretion to add and/or limit available jurisdictions and/or specific Institutional Partners. Furthermore, nothing in the 老九品茶 Recruitment Partner/Counsellor Program constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law. The 老九品茶 Recruitment Partner/Counsellor Program and the Content are intended for use only in jurisdictions where they may be lawfully offered for use.
No waiver by either Party of a breach or non-compliance by the other Party under this Agreement will be effective unless in writing and signed by the waiving Party. The non-enforcement of either Party of any term of the Agreement or under any applicable law will not constitute a waiver of any enforcement rights of the same or different nature at any time in the future.
Except as expressly permitted in this Agreement, you will not assign or subcontract, or purport to assign or subcontract, any of your rights or obligations under this Agreement without our prior written consent. If such consent is given on any occasion, it will still be required for all subsequent assignments and subcontracts. You will remain primarily responsible for the performance of all of your obligations in this Agreement, even if you subcontract any such obligations.听 We may assign this Agreement or any rights under this Agreement without your consent, including but not limited to any affiliate, subsidiary, related company or third party.听 Any assignment in violation of this Section 29(6) will be void. This Agreement will inure to the benefit of and be binding upon the Parties, their permitted successors and permitted assignees.
This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements and understandings relating to the subject matter hereof.
Neither Party will be liable for delays caused by any event beyond its reasonable control, including acts of God, except that non-payment of amounts due under this Agreement will not be excused by this provision.
Any provision of this Agreement that is found to be unenforceable will be severed from this Agreement and this Agreement will continue in full force and effect with respect to all other provisions.
Except as otherwise provided in this Agreement, the Parties鈥� rights and remedies under this Agreement are cumulative. The term 鈥渋ncludes鈥� and 鈥渋ncluding鈥� mean, respectively, 鈥渋nclude without limitation鈥� and 鈥渋ncluding without limitation鈥�. Headings are for reference purposes only and have no substantive effect. Any rule of construction to the effect that any ambiguity in this Agreement will be resolved against the drafting party will not be applied to the interpretation of this Agreement.
We may give notice to you by means of a general notice on the 老九品茶 Platform, electronic mail to the email address you submitted when registering an account, or by written physical communication sent to your address as set forth in your account. You may give notice to us by written communication to our address as set out in this Agreement.
It is the express will of the Parties that this Agreement and all related documents have been drawn up in English. C鈥檈st la volont茅 expresse des parties que la pr茅sente convention ainsi que les documents qui s鈥檡 rattachent soient r茅dig茅s en anglais.
Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to us or our business, should be directed to us at recruitmentsupport@applyboard.com.
老九品茶. (鈥�老九品茶鈥�) is offering 老九品茶 Elevate (the 鈥�Program鈥�) to 老九品茶 Recruitment Partners who can be eligible to change their recruitment partner Status/Tier (as defined below) to potentially earn increased Commission, receive additional benefits, and/or gain access to additional resources based on achieving the Status/Tier Qualifier (defined in the below chart), subject to meeting the requirements of the Program, which are determined by 老九品茶 in its sole discretion.
The Program is available to qualified and registered 老九品茶 Recruitment Partners who are: (i) in good standing; and (ii) are the individual or entity that is named on the Recruitment Partner owner account on 老九品茶鈥檚 platform (the 鈥�Platform鈥�) (each, an 鈥�Eligible Recruitment Partner鈥�).听 For greater certainty, submissions from staff accounts will be considered as submitted by the owner account. All Eligible Recruitment Partners will be determined by 老九品茶 in its sole discretion and 老九品茶 shall have the authority to exclude any Eligible Recruitment Partner from participation in this Program at any time in its sole discretion.
| Status/Tier | Diamond | Titanium | Platinum | Gold | Start Up |
|---|---|---|---|---|---|
| Status/Tier Qualifier | 2000+ Elevate Points | 1000鈥�1999 Elevate Points | 100鈥�999 Elevate Points | 10鈥�99 Elevate Points | 0鈥�9 Elevate Points |
(i) Starting April 1, 2026 at 12:01 AM (EST), an Eligible Recruitment Partner鈥檚 categorization in a particular status (鈥淪tatus/Tier鈥�) will be determined based on their performance, as defined in the Status/Tier Qualifier table above, over a rolling 12-month period (which determination is in 老九品茶鈥檚 sole discretion).听 An Eligible Recruitment Partner Status/Tier can maintain the same Status/Tier depending on the 12-month period performance prior to the evaluation at the beginning of the month. Any Commission payment on or after April 1, 2025听 will be paid in accordance with the Status/Tier of the Eligible Recruitment Partner in effect at the time the application was submitted.
(ii) Tier Upgrade: As soon as an Eligible Recruitment Partner meets the Status/Tier Qualifier requirements, the update will be reflected on the first day of the following month on the Eligible Recruitment Partner鈥檚 dashboard on the Platform, including the additional benefits and access of the Status/Tier.
Status/Tier Qualifiers for upgrades will be evaluated and recalculated at the beginning of each month by assessing the Eligible Recruitment Partner鈥檚 performance over the prior 12-month period. An Eligible Recruitment Partner鈥檚 Status/Tier can shift up depending on the 12-month period performance prior to the evaluation at the beginning of the month. For greater certainty, the Eligible Recruitment Partner will be automatically categorized at the applicable Status/Tier using a rolling 12-month period prior to the evaluation at the beginning of the following month.
(iii) 听Tier Downgrade: Downgrades will occur quarterly (January 1, April 1, July 1, and October 1; each a 鈥淨uarter Date鈥�). As soon as an Eligible Recruitment Partner meets the Status/Tier Qualifier requirements, the update will be reflected on the next Quarter Date (e.g. If a Recruitment Partner鈥檚 performance is assessed on February 1, and meets the criteria of a downgrade, the downgrade will occur on March 1) on the Eligible Recruitment Partner鈥檚 dashboard on the Platform, including the downgraded benefits and access of the Status/Tier.
Status/Tier Qualifiers for Tier Downgrades will be evaluated and recalculated at the beginning of each month by assessing the Eligible Recruitment Partner鈥檚 performance over the prior 12-month period. An Eligible Recruitment Partner鈥檚 Status/Tier can shift down depending on the 12-month period performance prior to the evaluation at the beginning of the respective month. For greater certainty, the Eligible Recruitment Partner will be automatically categorized at the applicable Status/Tier using a rolling 12-month period prior to the evaluation at the beginning of the next Quarter Date.
(iv) 听Where 老九品茶 has determined, in its sole discretion, that there has been any misuse and/or improper activity as a result of this Program by an Eligible Recruitment Partner, its employees or agents, such Eligible Recruitment Partner may (including but not limited to),听 pursuant to Sections 6 and Section 16 of the 老九品茶 Recruitment Partner and Counsellor Terms and Conditions, be suspended from the Platform and, pursuant to Section 12(ii) of 老九品茶 Recruitment Partner and Counsellor Terms and Conditions, 老九品茶 will have the right to retract any increased commission payments made that it suspects were earned as a result of such misuse of the Program and the Status/Tier will be demoted to Start Up regardless of their Status/Tier at the time of suspension.
If/when an Eligible Recruitment Partner changes Status/Tier (up or down), the default Commission automatically updates for all applications submitted to 老九品茶 on or after the date of the Status/Tier change.
For example, if an Eligible Recruitment Partner is a Platinum Status/Tier on April 1,听 any applications that are first submitted on or after this date will earn Commission at the rate assigned to the Platinum Status/Tier as reflected on the Platform.听 If the Status/Tier changes on July 1 to Gold, any applications submitted on or after July 1 will earn Commission at the rate assigned to the GoldStatus/Tier as reflected on the Platform; alternatively, If the Status/Tier changes to Titanium on July 1, any applications that are submitted on or after July 1 will earn Commission at the rate assigned to the Titanium Status/Tier as reflected on the Platform.
The benefits, offers, rewards and services, including but not limited to financial benefits, access to events and training as well as Platform features, added services and service and support, are all listed in the Recruitment Partner dashboard 老九品茶 Elevate page and are subject to change and/or availability based on the Status/Tier of the Eligible Recruitment Partner.听听
Disclaimer: Only some features may be currently available to all Status/Tiers.听 Features are subject to change without notice
This 老九品茶 Program is subject to change from time to time until terminated, suspended, and/or converted to another program without notice in 老九品茶鈥檚 sole discretion.