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AIESEC in India

Outgoing Global Entrepreneur


Exchange Participant Contract

Last Updated
November, 2016
Exchange Participant Contract
EXCHANGE PARTICIPANT CONTRACT (OUTGOING GLOBAL ENTREPRENEUR PROGRAMME)
This Exchange Participant Contract (hereinafter referred to as Contract) made and executed at
_________ on ________________by and between:

Association Internationale des Etudiants en sciences Economiques et Commerciales, a youth running


organization AIESEC in [Please insert Name of Local Committee] having its address at _________
(hereinafter referred to as the AIESEC), which expression shall, unless repugnant to the
meaning or context thereof, be deemed to include its successors, affiliates and permitted
assigns through its representative _______________;
And

Mr./Ms.__________________________, adult, residing at _____________________ (hereinafter


referred to as Exchange Participant or EP) who has enrolled for Global Entrepreneur Program

Exchange Participant Name: ______________________________________


Exchange Type : Global Entrepreneur Program
LCVP oGV Name : ______________________________________

Contact Details of the Exchange Participant (EP)


Permanent Address : __________________________________________________
__________________________________________________
__________________________________________________
Fathers Name : __________________________________________________
Mothers Name : __________________________________________________
Mobile : __________________________________________________
Email : __________________________________________________
Passport Number : __________________________________________________
Passport Issue Date : __________________________________________________
Passport Expiry Date: __________________________________________________
Passport Issue Place : __________________________________________________
Date of Signing : __________________________________________________

AIESEC and Exchange Participant are hereinafter individually referred to as a Party


and collectively referred to as Parties.)
The Parties should keep an executed copy of this Contract with signatures of both, the EP and the
AIESEC representative. Any changes in the terms and conditions of this Contract pursuant to execution
of this Contract need to be drawn up on a new contract and be duly executed by the Parties.

1. STATEMENT OF UNDERSTANDING

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AIESECs various exchange activities are run to have an impact on the Exchange Participants, the
AIESEC members involved in making them happen, the organization taking the trainee, the
communities the trainee is coming from and going to and through all this, the society. As such, all
people who are involved in the exchange process are important in achieving the intended result.

The aim of an internship shall be to provide the EP with following:


A positive learning experience.
Practical skills in a foreign environment to complement his/her education.
Interaction with social issues in the host community and/or country and/or territory.
Interaction with a new social and cultural environment in the host country.
Preparation for future management responsibilities.
Opportunity to apply skills, attitudes and values at work and in the community.
Awareness and knowledge of social issues and different practices in the host country.

The internship shall not provide the following:


An opportunity where the sole purpose is earning money.
A holiday.
A permanent career placement or recruitment opportunity in another country. Additionally,
AIESEC will have no role/obligation/responsibility/involvement in case, the organization
decides to employ the trainee on a permanent basis in the host country and/or territory.
An opportunity for any person to permanently leave their home country and/or territory.
AIESEC does not encourage/nor would facilitate the extension of internships beyond
agreed period.

2. COST STRUCTURE OF AIESEC GLOBAL ENTREPRENEUR PROGRAM


i. After the EP clears the Online Eligibility Test whichever is recommended by AIESEC and passes
the interview with AIESEC he/she is selected by AIESEC to apply for the Global
Entrepreneur Program, he/she would have to make the initial payment by way of
cheque/demand draft/net transfer. This amount includes the administrative and processing
fees for providing access to AIESECs database which includes its global information
systems i.e. a portal which provides internship opportunities in selected countries. Subject to
the provisions of this Contract, any refund from the said payment shall be in accordance with
the refund policies of AIESEC, as amended from time to time.
ii. All Cheques/Demand Drafts must be drawn in favour of AIESEC ________.
iii. On selection of EP for an internship by an organization based on the geographical,
linguistic and other preferences, the EP shall pay the administration amount as per the
table below. Only after the payment of this installment will AIESEC start processing the EPs
application for VISA. All Visa charges shall be solely borne by the EP. AIESEC shall
only assist the EP with necessary documents required to apply for VISA and advice on Visa
process. AIESEC does not guarantee the procurement of VISA nor take any responsibility for
the visa charges and the same shall be borne entirely by the EP.

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Raising Matching Total
8 8 16

iv. The air ticket expenses shall be solely borne by the EP. AIESEC shall not be responsible for
any expenses incurred by the EP towards air tickets or any liability thereof.

3. DURATION OF EP CONTRACT
i. This Contract is valid for at least____ months from the date of signing of this Contract
(hereinafter referred to as Term). The EP shall find an internship within the Term of this
Contract unless there is an exceptional case observed on the context of operational
supply and demand.
ii. AIESEC shall have a right to terminate this Contract forthwith in case the EP violates
any rules, regulations of AIESEC and/or any law of the land in India.
iii. If the EP is not able to find an internship successfully within the Term then his/her association/
participation/involvement with AIESEC may be renewed, at the sole discretion of AIESEC, for
additional period of six (6) months provided the EP is in compliance with all the rules
and regulations set out by AIESEC.

4. RESPONSIBILITIES AIESEC
i. Assist EP in signing up on https://opportunities.aiesec.org and obtaining his/her own
username and password.
ii. Assist EP in submitting surveys and other forms to obtain his/her own EP ID on https://
opportunities.aiesec.org.
iii. Induct the EP into the AIESEC network to educate him/her about AIESEC and its activities.
iv. Advice and assist EP in finding an internship in the international projects being run in the
countries which are a part of the Global Entrepreneurs Program.
v. Advice and assist EP in acquiring the required documentation and legal papers required
to taking up the /enrolling for internship after getting selected for one.
vi. Advice and prepare EP for logistical, cultural, personal and professional front before the
EP leaves for the country for his/her internship.
vii. Maintain virtual communication with the EP throughout the duration of the internship.
viii. Provide guidance to the EP before the internship in relation to the expectation of the
country and city, and evaluation/measurement pertaining to the Job Description (JD)
during and after the internship.
ix. In the event of a natural disaster or political instability or epidemic outbreak in the host country,
the EP has not commenced his/her internship, AIESEC will endeavour to find other suitable options for
the EP based upon EPs preference. However, AIESEC does not guarantee any internship under
such circumstances and shall not be held responsible in any manner whatsoever.
In the event of any natural disaster or political instability or epidemic outbreak in the host country
and the EP is in the host country during such a problem, AIESEC hosting entity will provide

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required assistance to the EP. AIESEC shall not be required to refund any monetary
resources to EP in such circumstances. AIESEC may provide new option/s to the EP
upon payment of necessary cost by the EP.

5. OBLIGATIONS/RESPONSIBILITIES EXCHANGE PARTICIPANT


i. EP shall obtain the username and password for https://opportunities.aiesec.org.
ii. Duly file all the forms, conduct surveys and take all necessary actions in order to get an
appropriate EP ID in https://opportunities.aiesec.org.
iii. Provide the true copy of all original documents required as proof of academic
background and working experience mentioned on the EPs resume.
iv. Take active role in obtaining a suitable internship during the validity of this Contract with
the help of AIESEC member.
v. EP has an optional opportunity to attend all activities, seminars, workshops, summits
and other programs scheduled by AIESEC for his/her training.
vi. Abide by the expectations, rules and communication standards set by AIESEC during
the term of this Contract (including any renewal period)
vii. Timely acquire the necessary legal documents required to apply for Visa after getting
selected for internship as per the Start Date of Internship.
viii. Take necessary action and incur expenses related to obtaining/ procuring the VISA, air
ticket and other expenses in relation to the internship.
ix. Communication is the key to timely delivery of services by AIESEC. It is imperative for the
EP to maintain clear channels of communication with the AIESEC representative referred to
as an EP Manager and respond to all sorts of communication within 48 hours. The channel
of communication can be through e-mail, phone or personal meetings, as desired by the EP.
x. Abide by all the laws of the host country. The EP shall solely be responsible for its
conduct during and after the term of his internship.
xi. EP shall not engage or attempt to engage in any immoral activities and/or any substance
abuse. AIESEC shall not be responsible and liable for any such conduct of the EP and
any consequences arising thereof.
xii. EP shall not misuse AIESECs database and shall not permit or provide access to any
third party to AIESECs database.
xiii. Prepare for and attend on time all interviews as scheduled between EP and host AIESEC chapter.
In the event EP cannot attend the interview as schedule he/she shall, communicate
the same via email to with AIESEC at least 48 hours before interview.

6. TERMINATION/EXPULSION FROM PROGRAM


i. AIESEC shall have the right to terminate this Contract on the occurrence of any of the
following events:
a) EP is found using AIESEC as a platform for migrating or travelling to another country.
b) EP deliberately violates the rules, communication standards and expectations set at the
time of Contract signing or during the Contract.
c) The documents provided by the EP as proof of academic background and
work experience are found to be forged.
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d) EP uses or attempts to use AIESEC as a platform for any illegal or unethical purpose.
e) The EP fails to undergo the programs and/or training organized by AIESEC host and
sending entities.
f) The EPs conduct is suspicious or his/her conduct is not in accordance with AIESEC
code of conduct which would bring disrepute to AIESEC in any manner whosoever.
g) The EP is found guilty of any drug/substance abuse and/or is guilty of instigating any
such activity.
h) EP rejects the internship on the basis of geographical preferences, which is contrary to the
preferences provided and discussed at the time of setting the expectation and Contract signing.
The EP will be eligible for the refund of money as per AIESECs refund policies.
ii. In the event the EP withdraws from the internship after receipt an acceptance note from
the organization confirming the internship.
iii. If EP is not present for an interview scheduled by the host AIESEC entity and does not
inform AIESEC Local Committee 48 hours prior to scheduled interview time, AIESEC is
not responsible to find and schedule an alternate interview time.

7. CONSEQUENCES OF TERMINATION/EXPULSION FROM PROGRAM


i. The EP shall not be entitled to any refund of fees paid, if any.
ii. The EP shall be denied access to database of AISECE from the date of termination.
iii. AIESEC may, at its sole discretion, deny any future enrollment of the EP in AIESEC in
India and/ or abroad.
iv. The EP shall not be entitled to any future enrollments with AIESEC in India and/or worldwide.

8. REFUND POLICIES

A. No refund Situations:
AIESEC is not liable to refund any fees in the following situations:

a) If the EP is provided with Traineeship Nominee (TN) TN ID and he/she chooses not to
accept them or chooses not to appear for any interviews, resulting in no matches; or if the
EP is unable to pass any interview resulting in a match. Or if the EP does not communicate
or respond to any of the Local Committees communication in a timely manner. AIESEC
shall not be responsible for the same and would not refund the Raise Fee.

b) If the EP chooses to withdraw from the program at any time due to personal, family or
other reasons.

c) The Break-Match is valid when it is due to reasons not under the control of AIESEC or the EP:
i. when the destination country is currently at war, undergoing terrorism movements,
natural calamity, epidemic outbreak or pandemic or other severe social disturbance
that may affect the life of EP;
ii. When rejection of VISA application is caused by the Embassy and not due to any delay at
AIESECs end. In this instance, EP can communicate with AIESEC to find another
TN, and apply for a six (6) month extension to their EP ID

In the above cases, AIESEC will provide the EP with new opportunities. However,
no refund is applicable in these situations.

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d) The Break-Realization is valid when it is due to reasons not under the control of AIESEC
or the EP, when war, terrorism movements, natural calamity, epidemic outbreak or
pandemic or other severe social disturbance take place in the destination city/country.
AIESEC shall not be responsible, but will help the EP to coordinate with the hosting
Local Committee to set up new arrangements and ensure the security of EP.

e) If any major and serious emergency occurs, EP can decide to finish the internship and
return to home country upon obtaining prior written permission from the host
organization and AIESEC, however, no refund will be made.

B. Refund is applicable in the following situations:

When there is a delay in completing Visa formalities because of delayed execution of


documents from AIESECs end, EP can choose to take another opportunity or ask
for a refund. The same needs to be validated with correct proof accordingly.

9. INTELLECTUAL PROPERTY RIGHTS

The EP shall not claim any rights, title and interest in AIESECs patents, copyrights, trademarks,
proprietary and/or licensed software, service marks and trade secrets ("Intellectual Property Rights"). No
interest whatsoever in AIESECs Intellectual Property Rights is granted by this Contract
and use of any Intellectual Property Rights permitted to EP by AIESEC shall be strictly in terms of this
Contract. EP shall not license, sell, publish, disclose, display or otherwise make available the
Intellectual Property Rights of the AIESEC to any person or entity except as provided in this Contract.
To the fullest extent permissible by applicable law or regulations, EP agrees that they shall not, nor shall
they allow others to, reverse engineer or disassemble any parts of AIESECs Intellectual Property
Rights. EP shall not use the Intellectual Property of the AIESEC in any manner whatsoever without the
prior consent of AIESEC or as provided hereunder.

The provisions of this Clause shall survive the termination of this Contract.

10.CONFIDENTIALITY

A. In connection with this Contract, the Parties may exchange certain confidential information:
Explanation: For purpose of this Contract, the term Confidential Information means all oral or
written information that is not generally known and that receiving party obtained in the performance
of its service/duties in relation to the disclosing party. The term Confidential Information
shall include, but shall not be limited to, classified information, inventions, discoveries, know
how, ideas, computer programs, designs, algorithms, processes and structures, product information,
research and development information, lists of clients, and other information relating thereto,
financial data and information, business plans and processes, and any other information that
disclosing party may inform to receiving party, or that receiving party should know by virtue of its
position or the circumstances in which it learned it, is to be kept confidential. Confidential Information
also includes information obtained by the receiving party in confidence from third parties, including,
but not limited to, its subcontractors, consultants, or clients and any other information of a private,
confidential or secret nature concerning the disclosing party whether or not relating to the business
of the disclosing party.

B. Each Party agrees that during the term of this Contract it shall: (i) only disclose Confidential
Information to those of its employees, officers, directors agents and contractors (collectively
Representatives) with a need to know, provided, the receiving party ensures that such
Representatives are aware of and comply with the obligations of confidentiality prior to such
disclosure; (ii) not disclose any Confidential Information to any third party without the prior
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written consent of the disclosing party; (iii) not reproduce Confidential Information in any form
except as required to perform its obligations under this Contract; (iv) not publish, reverse
engineer, decompile or disassemble any Confidential Information disclosed by the other
party; (v) not directly or indirectly export or transmit any Confidential Information to any
country to which such export or transmission is restricted by regulation or statute; and (vi)
promptly provide the other Party with notice of any actual or threatened breach of this clause.

C. The provisions of above clause B shall not apply to:

i. disclosure of Confidential Information that is or becomes generally available to the


public other than as a result of disclosure by or at the direction of a Party or any of its
Representatives in violation of this Contract; or

ii. disclosure, after giving prior written notice to the other Party to the extent practicable under
the circumstances and subject to any practicable arrangements to protect confidentiality, to
the extent required under the rules of any stock exchange or by applicable laws, regulations
or processes of any government authority or in connection with any judicial process regarding
any legal action, suit or proceeding arising out of or relating to this Contract.

D. All Confidential Information (including copies thereof) shall remain the property of the
disclosing party and shall be returned (or, at the disclosing partys option, certified as
destroyed) upon written request or upon the receiving partys need for it having expired
and, in any event, upon expiration or termination of this Contract. Both Parties agree that they
shall within ten (10) days of written notification return or destroy all documents and tangible items
in their possession, which contain any Confidential Information and, if requested, provide a
certificate of destruction if such Confidential Information is destroyed.

11. INDEMNITY

Defaulting Party shall indemnify the affected Party and their directors, officers, employees,
agents and associates against any loss, damage, claim, action or expense (including, without
limitation, legal expense) which the affected party or any of their directors, officers,
employees, agents and associates suffer as a direct or indirect result of any of the following:

a. Any breach of any term of this Contract by defaulting Party;


b. Any warranty given by defaulting Party under this Contract being incorrect or misleading in
any way;
c. Any negligent act or failure to act by defaulting Party or any of defaulting Partys
employees, agents, officers or contractors
d. all actions, proceedings, claims, demands or prosecutions which may be brought,
commenced or instituted against affected Party for the damages, or loss or accident
caused to any third party during the continuance of this Contract and also against all
costs, damages, and expenses which defaulting Party may in any way pay or incur in
defending or settling the same in consequence thereof.
e. consequences arising out of defaulting party or its representatives, default or negligence or non-
adherence to Municipal/ State/ Central Act, Rules, Regulations, Orders or Direction issued from
time to time relating to the transaction contemplated herein. Should affected Party be held liable
for any loss, damages, or compensation to third parties arising out of or in relation to business

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transaction carried on by defaulting Party together with the cost incurred on any legal
proceeding pertaining thereto.
f. any claim for all employee related liabilities viz. ESIC/Bonus/PF etc. that may be raised on
the affected Party by any employee of/or appointed by defaulting Party or any Government
agencies under the relevant statutes during the subsistence of this Contract.

If an indemnity payment is made by under this clause, defaulting Party must also pay
affected party an additional amount equal to any tax which is payable by the recipient in
respect of that indemnity payment.

12. NOTICES:

Any communication or document to be made or delivered by one party to the other pursuant
to this Contract, shall be in English (unless that other party has by 15 days written notice to
the other party specified change in address) be made or delivered to that other party at the
address identified with his description at the signing of the Contract and shall be deemed to
have been made or delivered three business days from the date of the communication. It is
clarified that any service by way of facsimile transmission alone will not amount to a valid
service unless sent by Registered A/ D and/or Courier as well.

13. DISPUTE RESOLUTION

(a) Negotiation

Any dispute, difference, controversy or claim among the Parties (each a Disputing Party and
together the Disputing Parties) arising out of or relating to this Contract or the breach,
termination or validity thereof ( Dispute) shall, upon the written request (Request) of either
Disputing Party be referred to the authorised representatives of the Disputing Parties for
resolution. The authorised representatives shall promptly meet and attempt to negotiate in good
faith a resolution of the Dispute. In the event that the Disputing Parties are unable to resolve the
Dispute through negotiation within 30 (thirty) days after service by a Disputing Party of a
Request, then the Dispute shall be resolved in accordance with the provisions of Clause below.

(b) Arbitration tribunal

In the event that the Parties are unable to resolve a Dispute as provided in Clause
above, the Dispute shall be finally settled under the Indian Arbitration and Conciliation
Act, 1996 as amended from time to time (the Rules) by a sole arbitrator
appointed in accordance with the Rules.

(c) Place, enforcement and proper law of the arbitration

i. The place of arbitration shall be Mumbai and all the arbitration proceedings shall be
conducted in the English language.
ii. Judgment upon any arbitral award rendered hereunder may be entered in any court
having jurisdiction, or application may be made to such court for a judicial
acceptance of the award and an order of enforcement, as the case may be.
iii. The proper law of the arbitration shall be Indian law and the award will be made
under the laws of India.

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14.GENERAL PROVISIONS

(a) Entire Contract: This Contract constitutes the entire Contract between the Parties with respect to
the subject matter hereof and supersedes all prior written Contracts, understandings and
negotiations, both written and oral, between the Parties with respect to the subject matter of this
Contract. No representation, inducement, promise, understanding, condition, warranty or
indemnity not set forth herein has been made or relied upon by any Party hereto.

(b) Additional Documentations: In connection with this Contract, as well as all transactions
contemplated by this Contract, each Party agrees to execute and deliver such additional
documents and to perform such additional actions as may be necessary, appropriate or
reasonably requested to carry out or evidence the transactions contemplated hereby.

(c) Governing Language and Law: The language to be used in connection with this Contract shall
in all cases be the English Language. This Contract shall be governed by and construed in
accordance with the laws of India and the courts of Mumbai shall have exclusive jurisdiction.

(d) Assignment: No right or obligation under this Contract may be assigned or transferred
by the Organisation or by operation of Law or otherwise without the prior written consent
of AIESEC except as otherwise expressly permitted under this Contract.

(e) Waiver: The failure of either Party to enforce at any time the provisions hereof shall not be
construed to be a waiver of such provisions nor a waiver of such duty or obligation; nor shall it be
construed as estopping such party from taking any action or exercising any remedy permitted in
this Contract or under law upon the subsequent occurrence of any similar or identical failure or
breach, or upon the failure of the other party to subsequently cure such breach.

(f) Severability: Should any provision of this Contract be determined to be unenforceable


or invalid, or any transaction contemplated hereby determined to be unlawful by any
court of law, arbitrator or competent government body for any reason, all other
provisions shall continue (except if this Contract stands terminated) in full force and
effect. In the event if any such determination results in a material change in the rights
and obligations of either party, the party adversely affected shall have the option to
terminate this Contract by 15 days written notice after the date of such determination.

(g) Waiver and Amendment: Any provision of this Contract may be amended or waived if, and only
if such amendment or waiver is in writing and signed, in the case of an amendment by each
Party, or in the case of a waiver, by the Party against whom the waiver is to be effective.

(h) Expenses: Except as otherwise provided in this Contract, each Party hereto shall bear
its own expenses relating to this Contract and the performance thereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the day and year
set forth above.

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NAME OF EXCHANGE PARTICIPANT Signature

NAME OF AIESEC REPRESENTATIVE & Signature along with AIESEC Seal


DESIGNATION

DECLARATION

I, _______________________________________, hereby confirm that I understand the above


stated terms and conditions of Exchange Participant Contract. I wish to apply for Global
Entrepreneur Program and accept these conditions unconditionally and in full honesty and
agree to abide by the same throughout the period of this contract.
Along with the signing of this contract, I am paying sum of INR ______/- as the first installment
of the Administration Fee. I agree to pay the remaining amount of INR ______/- (Non-
Refundable) as the second installment (immediately upon selection for my internship)
Only in case where the EP does not get VISA due to insufficient documentation from
AIESECs end, will the amount of equivalent to 50% of the total amount be refunded.
I would want my internship duration to be of minimum _______ months and maximum ________
months.
My preferred starting date (earliest) is ____________. My preferred regions are (select top 3):
1. Western Europe and North America
2. Central Eastern Europe
3. Africa
4. Middle East and North America
5. Asia Pacific
6. Ibero America
I am aware that aforesaid preference of region may not be available and I am flexible
in applying to other regions of the world.
I also understand that AIESEC __________ is the final decision making authority and the
breach of any of these conditions would lead termination of this contract.
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Date: _______________

Wishing you an amazing AIESEC experience!

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