Offer for Eligible Agencies (“Offer”)

  1. This Offer is valid for Campaigns booked on (i) sports properties (“Sports”); and general entertainment properties (“GEC”) on the Site from October 1, 2024 to December 31, 2024 (“Term”). GEC and Sports shall each be referred to as “Event”.
  2. Eligible Agency shall be entitled to a sum of INR 50,000/- (Indian Rupees Fifty Thousand only) (“Incentive”) for every Unique Advertiser for which the Agency has booked Campaign(s) on the Site for the respective Event and paid Advertising Fees of atleast INR 5,00,000/- (Indian Rupees Five Lakhs only) for such Campaign(s) for the respective Event during the Term.
  3. An “Eligible Agency” shall mean a user which meets the following conditions: (i) user is not an advertiser (ii) user has registered on the Site and created the Business Account as an ‘Agency’; (iii) user has complied with the Terms of Service available at here ; (iv) booked at minimum one (1) Campaign for an Event on the Site for a Unique Advertiser during the Term; (v) paid Advertising Fee of atleast INR 5,00,000/- (Indian Rupees Five Lakhs only) on the Site for the Campaign(s) on the respective Event per Unique Advertiser during the Term.
  4. “Unique Advertiser” shall mean each advertiser for which the Agency has booked Campaign(s) on the respective Event during the Term through the Site and paid Advertising Fees of atleast INR 5,00,000/- for such Campaign(s). Any advertiser who has booked Campaigns on the respective Event during the Term either (i) directly; or (ii) through any other agency (except the Eligible Agency) prior to the first Campaign on the Event through the Eligible Agency; or (iii) through any other manner besides through the Site, shall not be considered as a Unique Advertiser for the purpose of this clause.
  5. The number of Unique Advertisers for which the Agency has booked campaign(s) worth INR 5,00,000/- (Indian Rupees Five Lakhs only) shall be provided in the dashboard of the Agency’s business account on the Site and SIPL shall communicate the Incentive payable to the Eligible Agency at the end of each applicable Term. SIPL’s decision shall be final and binding on all matters relating to the number of Unique Advertisers and Incentive payable.
  6. All payments of Incentive by SIPL shall be subject to receipt of accurate and valid tax invoices by SIPL (along with all valid and correct supporting documentations or other documentations as required by SIPL , and receipt and actualisation of Advertising Fee by SIPL.  All Incentive shall be payable exclusive of applicable taxes.  Subject to receipt of valid tax invoice and other documents as required by SIPL, SIPL shall make payment of the Incentive within seventy five (75) calendar days of receipt of all required documents including accurate physical and/or digitally signed invoices from the Eligible Agency.
  7. Taxes: SIPL shall deduct tax at source (TDS) as per the applicable rates on all payments made under this Offer and deposit the same to the relevant government authority and provide the Eligible Agency with TDS certificate(s) as prescribed under the applicable law. The Eligible Agency shall offer to tax the income received by it under this Offer. The Eligible Agency agrees to provide all necessary information, documents and other evidence as required, including a certificate in Form 26A read with Rule 31ACB of the Income Tax Rules from an accountant as per the first proviso to Section 201 (1) of the Income Tax Act, 1961, as and when requested by SIPL; (ii) The Eligible Agency represents, warrants and undertakes to comply with the following: (a) The Eligible Agency shall ensure that all invoices/credit notes/debit notes/supplementary invoices and such other document(s) issued as per GST Law (each, a “Payment Document” and collectively, the “Payment Document(s)”) are valid, correct, complete and signed (either digitally or physically) as prescribed under the applicable laws and issued within the timelines prescribed under the GST Law. “GST Law” shall mean and include Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017 and respective State’s Goods and Services Tax Act read together with the rules, regulations, and amendments, including any notification and/ or amendments, pursuant thereto, issued from time to time. The Eligible Agency shall comply with all the provisions and compliance requirements under applicable laws including but not limited to registration, filing or amending of returns/forms, payment of taxes, E-way bill compliance (wherever applicable), disclosure of information to authorities etc; (b) Under no circumstances, shall the Eligible Agency have any right to separately recover any applicable taxes or other related amounts from SIPL, after issuance of Payment Document(s), except if any new taxes/levies come into force during the subsistence of this Agreement; (c) In cases where SIPL is required to discharge GST under reverse charge or in the event the Eligible Agency’s GST registration has been suspended or cancelled or the Eligible Agency is un-registered under GST Law, the Eligible Agency agrees that it shall not charge GST on the invoice(s) raised by the Eligible Agency and any GST amount, if charged by the Eligible Agency, shall be refunded immediately to SIPL. The Eligible Agency shall immediately notify SIPL in respect of such cancellation or suspension in writing (e-mails permitted); (iii) In case of any breach/ failure by the Eligible Agency of any of the terms set forth in sub-clause (ii) hereinabove, then, (a) until such breach/failure is rectified by the Eligible Agency and all supporting documents/ proof in respect thereof is provided to SIPL on a timely basis and within the statutory due dates and SIPL receives the tax credit that was originally denied/unavailable to it; or (b) where the tax credit that was earlier availed by SIPL has subsequently become ineligible/unlawful/ invalid as per applicable tax laws, including on the basis of self-assessment, in each such case as set forth in sub-clauses (iii)(a) and (iii)(b) hereinabove, SIPL shall have the option, at its discretion to, withhold, adjust, set-off or otherwise recover such Tax Liabilities thereon, along with any legal and other out-of-pocket costs, expenses, charges and amounts incurred by SIPL, from the Eligible Agency and/ or adjust it against any other amounts deposited with SIPL, or that are payable to the Eligible Agency, whether under this Offer or otherwise. “Tax Liabilities” shall mean and include without limitation any tax, cess, duty, interest, penalty or other charges/liabilities levied on SIPL; (iv) Notwithstanding anything stated in this Offer and the timelines for payment to be made under this Offer, GST payments shall only be made by SIPL upon the Eligible Agency uploading the accurate invoices on the GSTN portal, paying all applicable taxes to appropriate tax authority of appropriate jurisdiction, filing GSTR-1 and GSTR-3B return in a timely manner and once the invoice reflects as creditable on the portal accessible to SIPL and matches with the invoice received by SIPL from the Eligible Agency. In the event there is any error or mismatch, SIPL may inform Eligible Agency and Eligible Agency shall make the required corrections without any delay and upload the corrected invoice; (v) Further, in the past, in case there was any non-compliance under GST Law related to any invoice/debit note raised by the Eligible Agency on SIPL or the Eligible Agency has been non-compliant under GST Law which prejudicially impacts SIPL, then SIPL reserves its right to withhold, adjust, set-off or otherwise recover amounts payable to the Eligible Agency equivalent to the extent of such Tax Liabilities on such non-compliance as well as on the transaction contemplated under this Agreement. However, in the event that the Eligible Agency rectifies such non-compliance, SIPL will release such amounts after deduction of any applicable interest and/or penalty subject to the SIPL’s receipt of tax credit that was originally denied/unavailable to SIPL due to Eligible Agency’s non-compliance under GST Law. Any delay/non-compliance on the part of Eligible Agency in uploading the correct invoice in the applicable return or filing and paying tax in GSTR 3B may lead to delay in payments by SIPL which shall not be deemed to be a breach on SIPL’s part; (vi) Without prejudice to the foregoing, the Eligible Agency shall also indemnify and keep SIPL indemnified, from and against any disputes, claims, liabilities, losses and other legal proceedings arising out of the breach of clause 7 .
  8. Eligible Agency hereby represents, warrants and undertakes that in performing its obligations or exercising its rights etc. under this Offer, the Eligible Agency and its employees shall not pay, offer or promise to pay, or authorize the payment directly or indirectly of, any monies or anything of value to any government official or employee or any political party or any candidate for political office for the purpose of influencing any act or decision of the government official or employee, political party or candidate in order to obtain or retain business or to direct business to any person and shall conduct themselves and all transactions under this Agreement and/or any transaction relating to the business contemplated herein in a manner consistent with the intent and goals (to the extent applicable) of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transaction, 37 ILM 1 of 15 February 1999, United States’ Foreign Corrupt Practices Act, United Kingdom Bribery Act, 2010, and any other Indian law including Bharatiya Nyaya Sanhita, 2023 and Prevention of Corruption Act, 1988 (“Legislations”). If SIPL becomes aware or has reasonable grounds to suspect that any transaction relating to the business contemplated herein has taken place in contravention of the principles set forth in the Legislations, then, SIPL shall be entitled forthwith, in its sole discretion, to terminate this Agreement with immediate effect and any and all other arrangements with the Eligible Agency and/or its affiliated companies and the same shall be treated as material breach of the Agreement. SIPL is required to comply with certain international laws and is not permitted to engage with a person with whom dealings are prohibited under the economic sanctions administered by the United States, His Majesty’s Treasury of the United Kingdom, the European Union or any of its member states, or the United Nations, whether as a result of the specific designation of that person, its ownership or control, the jurisdiction in which it is located, organized, or resident, or otherwise (“Sanctions”). SIPL has agreed to enter into this Agreement on the basis of the representation that neither the Eligible Agency, nor any of its affiliates, nor any of their directors, officers, or controllers, is/ are persons who are subject to any Sanctions. Further, if such Sanctions are imposed at any point of time, the Eligible Agency warrants that it shall be responsible to inform SIPL immediately about the same as soon as it comes to the knowledge of the Eligible Agency. If at any time during the Term of the Offer, it comes to the knowledge of SIPL that the Eligible or any of its affiliates, or any of their directors, officers, or controllers are subject to any Sanctions, it shall be deemed to be a material breach of this Offer by the Eligible Agency and SIPL shall, without prejudice to anything contrary mentioned in this Agreement in its sole discretion, have the right to forthwith, terminate this Agreement with immediate effect and any and all other arrangements with the Eligible Agency and/or its affiliated companies.
  9. The Eligible Agency certifies and represents that it has complied with and shall at all times comply with any disclosure obligations or contractual obligation it has to the advertiser in respect of the Incentive earned or otherwise due under its arrangements with SIPL including under these terms.
  10. The Offer/ Offer benefits are non-transferable, non-negotiable.
  11. Incomplete / rejected / invalid / returned /disputed/ unauthorized/fraudulent transactions relating to a Campaign will not be considered for the Offer.
  12. For any queries regarding the Offer or to set up the Offer, you can write to us at Adsmanager.support@hotstar.com and our team will get in touch with you to help.
  13. Any dispute relating to the Offer or these terms and conditions shall be subject to the jurisdiction of the courts of Mumbai only.
  14. SIPL reserves the right to disqualify an Eligible Agency from the benefits of the Offer , at our sole discretion, including if any fraudulent activity is identified as being carried out by the Eligible Agency for the purpose of availing the benefits under the Offer.
  15. SIPL reserves the absolute right at any time to add, alter, withdraw, modify or change or vary any or all the terms and conditions of the Offer at its discretion and the same shall be binding on the Eligible Agency at all times. SIPL also reserves the right to discontinue the Offer without assigning any reasons or without any prior intimation whatsoever to the New Advertiser/Eligible Agency.
  16. The Offer shall be subject to force majeure events and on occurrence of such event, the Offer may be withdrawn at the discretion of SIPL.
  17. SIPL shall not be liable for any loss or damage arising due to a force majeure event.
  18. SIPL shall not be liable to for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the Offer.
  19. This Offer is subject to applicable law and regulations and the said Offer would be modified / discontinued based on the prevailing law /regulation at any point of time and SIPL shall not be under any liability or obligation or continue implementation of the said Offer till such time the terms are modified as per the prevailing/ amended law at that point of time. In the event, that the Offer cannot be continued without total compliance of the prevailing law at any point of time, this Offer shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Offer comes into force.
  20. This Offer shall be subject to all applicable laws, rules and regulations which are in existence and which may be promulgated anytime by any statutory authority.
  21. By availing this Offer, it would be deemed that the Eligible Agency has given consent to contact the Eligible Agency through call, SMS or email on the details provided by them for the purpose of this Offer.
  22. This Offer is valid only in India.
  23. Eligible Agency is not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.
  24. SIPL shall not be responsible for any loss, injury or any other liability arising due to participation by any person in this Offer.
  25. Eligible Agency hereby agrees to indemnify and keep SIPL harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by SIPL as a consequence of (i) violation of terms of this terms and conditions by Eligible Agency; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence, on the part of the Eligible Agency.
  26. In the event the Eligible Agency has any direct agreements with SIPL with respect to the subject matter hereof, these terms will not be applicable between the Eligible Agency and SIPL and any payment of Incentive (if applicable) shall be solely on the basis of the executed agreement between SIPL and the Eligible Agency.
  27. All the capitalized terms used in these terms and conditions, unless defined herein, shall have the same meaning as ascribed to them in the Terms of Service available here