Guidelines for Associated Persons/Business Partner/Channel Partner or paid Influencer/Bloggers

Associated Persons/Business Partner/Channel Partner or Influencer/Blogger being paid by members, will be referred as “Partners” in the following sections.

In order to sell ViniyogIndia services, Partners must be certified as an authorized seller, in accordance with the terms and conditions in the Channel Partner Program. Additionally, partners may need to undergo a limited duration trial period prior to authorization.

General obligations

Partners must ensure clear disclosure regarding their role as distributors and not as advisors
Partners must apply for authorization and promote products following the terms and conditions of the channel partner agreement
Channel Partner shall train and maintain a sufficient number of capable technical and sales/pre-sales personnel having the knowledge and training necessary

ViniyogIndia will provide:
Channel Partner with all necessary documentation and information regarding the Services
Provide sales and pre-sales support to Channel Partner;
Respond to questions addressed by Partner in a timely manner.

Regulatory obligations

Channel partners must be in full compliance with the following circulars and code of conduct:

  1. SEBI Circular dated, April 05, 2023 – Advertisement code for Investment Advisers (IA) and Research Analysts (RA)
  2. SEBI Circular dated, April 06, 2023 – Usage of brand name/trade name by Investment Advisers (IA) and Research Analysts (RA)
  3. BSE Code for Advertisement for Investment Advisors
  4. SEBI Master Circular for Investment Advisers, dated May 21, 2024
  5. SEBI Master Circular on Surveillance of Securities Market, dated July 09, 2024
  6. Other applicable circulars

Use of digital assets & branding

Partners may use digital assets approved by ViniyogIndia for promotion. Use of unapproved assets is prohibited.
Logo or assets of other entities cannot be used unless specific approval is obtained from the respective entities.
Partners are also responsible to ensure that materials posted by them do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

Guidelines on advertisement

Any communication aimed at solicitation of clients or making claim of service or performance of IA shall constitute an advertisement irrespective of whether such communication is made to existing or prospective clients.

Advertisement may include pamphlets, circulars, brochures, notices, research reports or any other literature, document, information or material published, or designed for use in any publication or displays (such as newspaper, magazine, sign boards/hoardings at any location), in any electronic, wired or wireless communication (such as electronic mail, text messaging, messaging platforms, social media platforms, radio, telephone, or in any other form over the internet) or over any other audio-visual form of communication (such as television, tape recording, video tape recordings, motion pictures, etc.) or in any other manner whatsoever.

Any Advertisement issued by Authorized Persons/Business Partner/Channel Partner of the members or Influencer/Blogger being paid (directly or indirectly) in any form of consideration by members, shall require prior BASL approval. Any Advertisement issued by Associated Person on their own shall not be entertained.

In case of channel partner is issuing Advertisement on any platform without the consent of ViniyogIndia then ViniyogIndia may be compelled to take appropriate legal action against such entity and inform BASL regarding such action and outcome thereof.

Partner commissions & payment terms

Eligibility for commission:

For a Product sale to be eligible to earn a commission, the partner / customer must use the following link:
https://viniyogindia.smallcase.com/ (sub-domain) .

Subscriptions sold through smallcase app and directly through the smallcase.com/* website will be excluded from commission.

Reporting:

Partners need to submit details of sale made in the previous month by end of the ongoing month in the following format:
User Name, User Email, PAN No., First Subscription Date, Smallcase Name, Payment Date, Total Amount, State

ViniyogIndia will validate the details, and eligible cases will be included in the partner’s customer portfolio for subsequent pay-outs.

Commission:

30% on net sale for eligible sales. Refunds arising out of cancellations will be deducted on a proportionate/ pro-rated basis

Incentive/referral schemes

Partners shall not promote or incentivize investment advisory, in any form including but not limited to distribution of cashback/ certificates /medals /gifts /prizes/ coupons/ tokens

Cancellation

Either Party may immediately terminate the Agreement in cases of material breach of this Agreement by the other Party. Additionally, ViniyogIndia reserves right to immediately terminate this agreement for reasons including but not limited to regulatory violation and or violation of laws of the land.

Either Party may terminate the Agreement, for any reason or no reason, and without any liability towards the other Party, by giving the other Party a thirty (30) day prior written notice

Upon the termination of this Agreement for any reason the Channel Partner will immediately discontinue making any representations regarding its status as set forth in this Agreement and will immediately cease any activities related to this Agreement.

Penalties

Channel partners would be responsible for any penalties imposed upon ViniyogIndia due to partner’s failure to adhere to the channel partner agreement

Changes to the agreement

ViniyogIndia reserves the right to modify or amend the Channel Partner Program from time to time. ViniyogIndia shall notify the Channel Partner of such modifications or amendments to Channel Partner Program. If any such modification or amendment to the Channel Partner Program is unacceptable to Channel Partner, Channel Partner’s sole and exclusive remedy shall be to terminate this Agreement within thirty (30) days after such modification.

Other guidelines

Partners must refrain from the following:

  • Any promise or guarantee of assured or risk-free return or minimum returns or target return or percentage accuracy or service provision till achievement of target returns or any other nomenclature that gives the impression to the client that the investment advice is risk-free and/or not susceptible to market risks and/or that it can generate returns with any level of assurance.
  • Anything which is prohibited for publication under the law.
  • Statements which are false, misleading, biased or deceptive, exaggerated, ambiguous, based on assumptions or projections.
  • Any misleading or deceptive testimonials.
  • Statements which, directly or by implication or by omission, may mislead the investor.
  • Any statement that is exaggerated or is inconsistent with or unrelated to the nature and risk and return profile of the product
  • Reference to past performance of the IA. Any recommendation/promotion of a specific investment/scrip/contract, in any manner including by way of reference to past performance or research material, shall not be permitted.
  • Superlative terms, such as “BEST”, “No. 1”, “Top Adviser”, “Leading”, “One of the best amongst market leaders”, etc., so as to provide any endorsement of quality or standing of the IA.
  • Any statement which directly or indirectly discredits other Advertisements or member or make unfair comparisons.