Brandsandfakes.com is a web portal lawfully owned by YSTL and is a division of legal entity (company incorporated in India) under the name M/s Yellow Sapphire Technologies Pvt. Ltd.
Brief description of the Engagement – Proving brand protection services for all brands (organizations) with whom Brands and Fakes has contract (the “Project”).
Brands and Fakes is engaged in providing information and services for brand protection and IPR management in India. Brands and Fakes has built a mechanism to gather information through its own probe network, validate the information through it’s investigative network and undertake action on behalf of its customers (wherever required). Brands and Fakes is getting into a legal agreement with specific Brands as it’s customers, to provide brand protection services.
By agreeing to the terms and conditions of this agreement it is expected that the party getting associated with Brands and Fakes is expected to carry out the agreed services as per the annexure A of the agreement.
The services provided by the agreeing party may include all or few of the below mentioned services for a specific project
Lead Management Services
Providing information on the IPR violation for specific projects
Providing detailed information on the violators
Carrying out the detailed investigations for the specific violations and reporting in the formats provided by Brands and Fakes
Assistance in carrying out the raids and seizure services
Raid and Seizure Services
Filing of Police Complaint
Raid and Seizure
After court hearings
Liaison with the authorities
By way of this agreement Brands and Fakes is duly authorizing the agreeing party for undertaking the brand protection activities for soliciting information, validating information and taking specific action on behalf of its customer.
All the information will be transparently available to the party through its own secure access on brands and fakes portal.
The specific actions, wherever required will be separately defined in each and every case and the terms of the engagement for these actions will be an annexure to this agreement.
Brands and Fakes will be providing the IPR details required through its Brands and Fakes portal on specific details for a project. This is being done in the format which has been pre-decided in Brands and Fakes portal.
The cost of legal services and court fee where ever required will be extra and is not in the scope of this agreement.
For any disputes Brands & Fakes decision is final.
The payment charges will be based on the standard schedule for the services provided and shared with subscriber/ user separately and subject to revision from time to time.
As per the attached annexure –A
The commercial clauses agreed here can be changed by both the parties after mutual consent after initial 3 months of agreeing to the terms of this agreement.
The agreement can be terminated by the either party with giving one month clear notice.
The agreement is valid for a period of one calendar year for the date of agreement.
The agreeing party will indemnify Brands and Fakes for any direct or perceived loss caused by the engagement for all times and not limiting to the validity of this agreement.