PARTICIPATION IN THE CATCHCAL.COM E-COMMUNITY

Applicant, when accepted, is called "Member". Member represents and warrants that Member understands the marketing program and the compensation plan and is not relying on any representation or promise that is not contained in this Agreement or other official Company material. 

PROMISES BY RECRUITING MEMBER 

Catchcal.Com makes the promises contained in this Agreement and in other official Company material and no Member is authorized to make any other promises to a prospective Member. If Applicant relies on any promises made by a Member trying to recruit him or her that are not in this Agreement and/or official Company material, and that recruiting Member fails to keep any such promise, the Applicant shall only have recourse against such recruiting Member and not the Company. However, in such an event, Applicant is encouraged to file a complaint with the Company. Upon receipt of such a complaint, the Company will conduct such investigations as it deems necessary and, upon validation of such a complaint, impose appropriate penalty(ies) on the offending Member. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Member, not the Company. 

MEMBER RIGHTS & RESPONSIBILITIES 

By applying to participate in the Catchcal E-Community, Member understands that he/she will be bound by the terms hereof and that Member will be entitled to participate as a Member, upon acceptance of a valid application by Catchcal.Com. Member understands that to earn commissions in the Program, he/she is responsible for generating business for his/her self and Catchcal.Com. To do this, Member will personally refer sales of the E-Community Membership Card, will build his or her sales team and will contact prospects by phone and in person and attend local training meetings of Catchcal.Com representatives. Member is responsible for training those referred by Member and teaching them how to train ones they refer.

INDEPENDENT CONTRACTOR 

Member agrees that he/she is an independent contractor, called a " Member", and will have no authority to bind the Company to any obligations. The relationship between Member and Catchcal.Com is established only by this Agreement and Member is not an agent, employee or any other legal representative of Catchcal.Com or its service providers. Member is solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of Member's business activities. Member agrees to abide by any national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement.

POLICY/RATE CHANGES 

Member agrees that Catchcal.Com may, from time to time with a general notice, change the compensation plan, rates, prices and charges, or this Agreement to be applicable to all Members. If Member chooses to remain in the program, he/she agrees to abide by those changes.

TERM/RENEWAL 

The term of this agreement is one (1) year from the date this Application is received and approved by Catchcal.Com. The agreement is automatically renewed on renewal of membership with the annual subscription fee.

CONFIDENTIALITY AGREEMENT 

Member understands that the Catchcal E-Community marketing plan, genealogy reports, Member lists and official literature are proprietary information and are considered trade secrets of Catchcal.Com. Member hereby agrees to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote Member's independent Catchcal.Com business in accordance with the provisions of this Agreement. Member further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year. 

INCOME REPRESENTATION 

Member understands that although Member may refer other Members into the Catchcal E-Community, the Program does not allow Member to profit solely from the activity of referring other Members. Commissions are paid only on actual membership subscriptions received that are made which were referred by Member or by other Members that fall into Member's Downline. No one has made any promise or guarantee that Member will derive any specific income or profit as a Member. Member understands that any income he/she earns in Catchcal.Com is determined by Member's personal activity as an independent contractor. Member understands that commissions shall be paid only to the qualified "selling" Member and to his or her Downline and Upline. Member shall not make any income representations except those set forth herein or otherwise specifically set forth in official Catchcal.Com material. 

TRADE MARKS & MARKETING MATERIALS 

Member will not use the Catchcal.Com trade names and/or trademarks except to promote the Catchcal.Com business. In all such authorized use, Member will make clear that he/she is an Independent Distributor and the advertising is the Member's and not the Company's. Sales of marketing materials by Catchcal.Com are not commissionable. Catchcal.Com makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof. 

INFORMATION FROM MEMBERS 

All registration information provided by a Member to Catchcal.Com must be accurate and complete. Member must update and correct registration information if it changes. 

SECURITY 

Each Member must keep any Catchcal E-Community passwords and other secure access information confidential and notify Catchcal.Com promptly if the Member believes that the security of an account has been compromised. Catchcal.Com has taken reasonable steps to protect the security of online transactions. HOWEVER, CATCHCAL.COM CANNOT AND DOES NOT WARRANT SUCH SECURITY AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES. 

INDEMNITY 

MEMBER INDEMNIFIES AND HOLDS CATCHCAL.COM HARMLESS AGAINST ALL CLAIMS MADE BY ANY THIRD PARTY, AND ANY RELATED DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ARISING OUT OF OR CONNECTED WITH THE MEMBER'S CONDUCT, OR ANY VIOLATION OF THIS AGREEMENT BY MEMBER. 

IMPOSITION OF PENALTY 

If Member breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making misleading income representations or making promises to potential Members that can not be kept by Member, (herein called "Violation") any such Violation is grounds for the imposition of penalty, as more fully set forth hereafter. The Company may suspend Member, including suspension of checks earned at the time, pending investigation of any alleged Violation. Member shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation(s), failing which, the Company can consider the allegations to be true. (It is Member's responsibility to see that Company receives the response, with supporting documentation, if any, within the seven-day period.) If at the end of the investigation it is determined that Member is to be penalized, the date of the imposition of the penalty can be, at the Company's option, 1) the date of the penalty notice, 2) the date of the notice of the alleged Violation, 3) the date on which suspension, if any, occurred, or 4) any other current date. Checks suspended and/or earned, if any, as of the date of a termination, shall not be paid. Any such checks not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by Company for the Violation. Member can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. Company shall then advise Member of its final decision. The Company shall have the option of imposing any one or more of the following penalties for Violations: disabling of any web site of Member; denial or revocation of any achievement awards otherwise earned; denial of sales credit for sales that fall into the Downline; imposition of a fine in an amount to be determined by the Company; and/or termination of the Member's Agreement. 

ADDRESSES 

The Address for Member shall be as is maintained in the records of Catchcal.Com. The address for Catchcal.Com is 
Catchcal.Com Ltd.
3rd Floor,
P-27, Princep Street,
Calcutta - 700 072.