Referral Agreement India

9. Other 9.1. Independent Contractors: This Recommendation Agreement does not create any joint venture, partnership, agency or employment relationship between the Parties. Partner and Hiver are independent contractors with respect to one another, in accordance with the terms of this Recommendation Agreement. Neither party is entitled to legally bind the other party to a contract, proposal or obligation, or to incur debt or liability on behalf of the other party. The Partner will not express or imply that the opinions contained in the Partner`s advertising activities will be supported by Hiver, unless such advertising activities have been approved in advance in writing by Hiver. 9.2. Force majeure: neither party shall be liable for any loss or delay resulting from an event of force majeure, including, but not limited to, cases of force majeure, fire, natural disasters, terrorism, stoppage of work, war or military hostilities, criminal acts of third parties, and any date of payment or date of delivery of the service is extended to the extent of a delay resulting from an event of force major premise. 9.3. Note: The parties agree that all notices that may or must be made in accordance with the provisions of this Recommendation Agreement will be sent by e-mail, fax or manual delivery. Notifications to Winter should be addressed to the current customer manager. Notifications to the partner must be addressed to the contact details provided by the Winter partner. All communications take effect on the business day following shipment.

9.4. Assignment: This referral agreement applies to and binds the parties, their successors and addressees, but neither party may assign this referral agreement without the written consent of the other party, unless such consent is necessary to allow Hiver to assign this referral agreement as part of a change of control, a merger, acquisition or sale of most of All of Hiver`s assets. 9.5 Compliance: The Partner agrees to comply with all applicable local, governmental, federal and foreign laws, contracts, regulations and agreements relating to its use or the promotion of Winter products and services, including, but not limited to, those related to export, data protection, electronic communications and anti-spam laws. Without limiting the foregoing, Partner may not use Winter Content, including a Winter Mark or Winter logo, in electronic messages, unless Partner has received express written permission from Hiver to use emails or other electronic messages to promote the Winter Product or Service; b) all such electronic messages comply in all respects with this Recommendation Agreement and all applicable laws, including the requirements of the Can Spam Act of 2003 (Public Law No. 108-187) and (c) no electronic message initiated or sent by the Partner or on behalf of the Partner may identify Winter or a Winter Related Company as the sender or sponsor of such electronic message. The Partner acknowledges and agrees that any person registered to use Winter`s products or services is required to approve and enforce Winter`s Privacy Policy (hiverhq.com/privacy) and Terms of Use (hiverhq.com/terms). 9.6 FCPA: The Partner acknowledges that all amounts paid to it under this Recommendation Agreement are paid to it on its own behalf and that, where this is not appropriate to lawfully fulfill its obligations, the Partner was not liable and will not directly or indirectly give money or anything of value to another person in the course of carrying out its referral activities in the framework of this Agreement. . . .