Agreement
This agreement is signed on _________________ between wellnessampm.fit
PVT.LTD. a company registered under the Companies Act 2013 having its
Registered office at trade center complex assandh road near fly over
panipat haryana 132103 INDIA acting through its Director (Mr. maninder
Shingari) hereinafter called Company which expression shall, unless
repugnant to the context, include its successors in business,
administrators, liquidators and assigns or legal representatives) of the
FIRST PARTY
AND Shri/Smt. ________________________________ aged ______ years S/o D/o
W/o ________________________ house______________ post __________________
street ___________________________________ Tehsil
___________________________________ District _________________________
State __________________ (hereinafter called as Direct Seller which
expression shall include my/our heirs, executors and administrators
estates assigns and effects wherein the context so admits or requires) of
the second party.
Definitions:-
The following words used in these presents shall have the meaning as
defined here under:
“ACT” means the consumer protection Act, 1986(68 of 1986)
“Consumer” -- Means who buys goods or services for personal (self) use
and not for resale or commercial purpose and shall have the same meaning
as provided under the Consumer Protection Act, 1986.
“Prospect” means a person to whom an offer or a proposal is made by the
direct seller to join a Direct selling opportunity.
“Direct seller” means a person appointed or authorized directly or
indirectly by a Direct selling Entity through a legally enforceable
written contract to undertake direct selling business on principal to
principal basis.
“Network of Direct selling” means a network of direct sellers at
different levels of distribution who may recruit or introduce or sponsor
further level of direct sellers who they then support: Explanation:
“Network of Direct selling“ shall mean any system of distribution or
marketing adopted by a direct selling entity to undertake direct selling
business and shall include the multi-level marketing method of
distribution.
"Direct selling” means marketing, distribution and sale of Goods or
providing of services as a part of network of Direct selling other than
under a pyramid scheme. Provided that such sale of goods or services
occurs otherwise that through a permanent retail location to the
consumers, generally in their houses or at their workplace or through
explanation and demonstration of such goods and services at a particular
place.
“Direct selling Entity” means an entity not being engaged in a pyramid
scheme, which sells or offers to sell goods or services through a direct
seller. Provided that “Direct selling Entity” does not include any entity
or business notified otherwise by the Government for the said purpose
from time to time.
“Goods” Means goods/products defined in the Sale of Goods Act, 1930 and
section 3(26) of the General Clauses Act, 1897, is that, it shall include
every kind of movable property other than actionable claims and money and
“services” means service as defined in the consumer Protection Act,1986.
“Saleable” shall mean, with respect to goods and/ or services, unused
and marketable, which has not expired and which is not seasonal,
discontinued or special promotion Goods and /or services.
“cooling off period” means the duration of time counted from the date
when the direct seller and the direct selling entity into an agreement
under clause 4 and ending with date on which the contract is to be
performed and within which the direct seller may repudiate the agreement
without being subject to penalty for breach of contract.
“Pyramid Scheme” means: A multi layered network of subscribers to a
scheme formed of subscribers enrolling one or more subscribers in order
to receive any benefit, directly or indirectly as a result of enrollment
action or performance of additional subscribers to the scheme. The
subscribers enrolling further subscriber(S) occupy higher position and
the enrolled subscriber(s) lower position, thus with successive
enrolments, they form multi-layered network of subscribers.
“Pyramid Scheme” means: A multi layered network of subscribers to a
scheme formed of subscribers enrolling one or more subscribers in order
to receive any benefit, directly or indirectly as a result of enrollment
action or performance of additional subscribers to the scheme. The
subscribers enrolling further subscriber(S) occupy higher position and
the enrolled subscriber(s) lower position, thus with successive
enrolments, they form multi-layered network of subscribers.
It has no provision that a direct seller will receive remuneration or
incentive for the recruitment/enrollment of new participants.
It does not require a participant to purchase goods or services.
For an amount that exceeds an amount for which such goods or services can
be expected to be sold or resold to consumers.
For a quantity of goods or services that exceeds an amount that can be
expected to be consumed by or sold or resold to consumers.
It does not require a participant to pay any entry /registration fee,
cost of sales demonstration equipment and materials or other fees
relating to participation.
It provides a participant with a written contract describing the
“material terms” of participation.
It allows or provides for a participant a reasonable cooling off period
to participate or cancel participation in the scheme and receive a refund
of any consideration given to participate in the operations.
It allows or provides for a buy back or repurchases policy for “currently
marketable” goods or services sold to the participant at the request of
the participant at reasonable terms.
It establishes a grievance redressal mechanism for consumers, more
particularly described in clause 7 herein.
Explanation: 1 for the purpose of this proviso the terms “material terms”
shall means buy-back or repurchase policy, cooling off period, warranty
and refund policy.
“Money circulation Scheme” has the same meaning as defined under the
prize chits and Money circulation Scheme Act 1978.
“Remuneration System” means the system followed by the direct selling
entity to compensate the direct seller which illustrates the mode of
sharing of incentives, profits and commission, including financial and
non financial benefit, paid by the direct selling entity to the direct
sellers, on a monthly or periodic or yearly basis or both a the case may
be.
This system for every Direct selling entity, shall:
Have no provision that a direct seller will receive remuneration from the
recruitment to participate in such direct selling.
Ensure that direct sellers shall receive remuneration derived from the
sale of goods or services.
Clearly disclose the method of calculation of remuneration
State includes a Union territory.
Authorized Support center /Franchisee/Super store/Sales Point/Sales
Depot
A pick up points and delivery points for maintaining effective delivery
system for goods/product of the company and established by the company.
Direct Selling Entity/Company
Means a Company Namely Wellnessampm.fit Pvt. Ltd. and running its main
business in the name and style of (Company).
Sales incentive
Means amount of any type of remuneration like commission, Bonus, Gifts,
profits, Incentives etc. including financial and non financial benefit
payable to the Direct Seller for effecting sale of goods /products as
stipulated in the contract between the Direct Seller and Direct Selling
entity on a monthly or periodic or yearly basis or both a the case may
be. But amount of remuneration from the recruitment to participate in
such direct selling shall not be the part of the sales incentive.
Unique ID
Means unique identification number issued by the Company to the Direct
Seller as token of acceptance of his/her application for Direct Selling
of the goods/ products of the Company.
Password
Means unique code allotted to each Direct Seller to allow them to log on
to the website of the Company.
Website
Means official website of the Company (Domain) WHEREAS M/s
wellnessampm.fit pvt. ltd. a Company incorporated under the Companies
Act, 2013, Registered at trade center complex assandh road near fly over
panipat haryana 132103 INDIA hereinafter referred to as The Company.
“Wellnessampm.fir Pvt. Ltd.,” takes immense pleasure in introducing first
ever Retail concept with maximum benefit for customers. The Company is
engaged into the business of direct selling through its Direct Seller and
Retail Outlets as stated in the Object Clauses of memorandum of
Association of the Company.
The company having sales tax/vat, Income Tax, TDS and other license as
may be required as per the law/regulation/Guideline of its principle
place of Business and sales tax/vat and other license for each retail
outlets at various states in India. The company is also having own
trademark to promote the products for sale/ direct selling business and
trademark identifies the company with the goods to be sold or supplied.
For smooth running the business of direct selling, Company has certain
rules and regulation, marketing plan and other terms and conditions. Now
in order to simplify more, to keep more transparent, to control the
fraudulent practices and for betterment of the activities of direct
selling through multilevel marketing, Company is using better trading
plan and marketing plan to promote the sale of the company’s products.
The Company exclusively uses their website and Retail Outlet to display
the details about products, products information, product quality
certificate, price, complete income plan, marketing methods, business
monitoring, information regarding management while uses the word of mouth
publicity to promote and create awareness about the website and its
products.
An Individual/Firm/Company who is able to do contract as per the
provision of The Indian Contact Act, 1872 and wish to become direct
seller of the company, can apply to be appointed as a Direct seller to
marketing and selling of company’s product in whole of India, in
prescribed form through online/manual. There is NO deposit or any
charges/enrollment fees/joining fees/renewal charges for becoming a
Direct Seller of the Company.
Now it’s agreement witnesses and it is agreed by and between the parties
here to as follow:-
The Appointment /Authorization for Direct seller
That for appointment / Authorization for Direct seller in the company,
prospect shall complete the following steps
(a) Fill the application form online and upload scanned KYC documents
(b) Accept the proposed terms and condition of the agreement and create
this agreement using digital signature/one time password/affix digital
sign/scanned signature, whatever means of the technology.
(c) After creation the agreement, he/she shall request for sign of the
company through system in technological manner.
(d) After the putting Signature of the authorized person of the company,
the executed and signed agreement shall be displayed and it shall be
treated as legal agreement as per the provision of The Indian Contract
Act, 1872.
(e) On the completion of the above process, prospect shall take a
printout of the signed agreement.
(f) Upon the execution of the agreement through the above process,
prospect shall become the direct seller of the Company and a Direct
seller Unique Identification number and password shall be allotted to the
applicant.
That the Direct seller shall submit the following documents along with
this agreement in hard copy to the company within 7 days since the date
of execution (a) Filled application form (b) KYC Documents (self
attested) (c) Signed Executed Agreement (Including of terms of
appointment). A Direct seller, upon appending his/her signature at the
bottom of these presents (agreement) as well as all attached documents.
(a) That the Company upon scrutiny and verification of the Application,
KYC and agreement may re-consider the decision of the appointment of
Direct Seller for Direct Selling the goods/ products of the Company. The
Company shall be at sole discretion and liberty to reject his/her direct
selling code, if the KYC and other documents in hard copy found
unsatisfactory or mollified, fake etc.
(b) Cooling-off Period—
That the direct seller shall have exclusive right to reject/cancel the
above agreement within 7 days since the date of the execution of the
agreement through the online process. In this relation, the direct seller
shall be responsible to give intimation to the company about such
decision within specified period through Email or registered letter or
speed post at company’s mail ID/Registered address.
That if such direct seller receives any consideration from the company
during this cooling-off period then such direct seller shall be
responsible pay the amount of such consideration to the company with
repudiate letter in the form of CASH/CHEQUE/DD/NEFT/RTGS etc.
Scope of the Work
That the Direct seller shall market and sell the company’s product
through directly to the end user consumer, using word of mouth publicity,
display and/or demonstration of the goods/products, and/or distribution
of pamphlets, door to door to customers and other related methods.
Direct Marketing selling
That the Direct seller shall be responsible for marketing and selling
the company’ products door to door to customers, directly to the end user
consumer using word of mouth publicity, display and/or demonstration of
the goods/products, and/or distribution of pamphlets and other related
methods.
That the Direct Seller can use logo and name of the company for selling
the company’ products as per the company’s policy and regulation.
That the Direct seller would not be allowed to use logo and the name of
the company in his personal capacity or personal use.
That the Direct Seller will get specified %/point, sales
Incentive/commission pertaining to the sales for selling the company’
products under this Agreement. Payment of sales incentives/commission
will be made after receipt of payment of the products sold/marketed under
this Agreement by Direct Seller. Further, in case the company fails to
recover the dues from its customers/subscribers, then no sales
Incentives/Commission shall be paid by the company to the Direct Seller.
The sales incentives/commission would be payable only after the
dues/payment are realized from its customers. If the payment is received
on monthly/quarterly/half yearly basis then in the same fashion
commission payment will be done automatically by the company after
receipt of the said payment.
That the Company hereby covenants that it shall provide to the Direct
Seller with complete instruction books, catalogues, circulars for
promoting sales and shall provide training initially for Direct Selling
and shall also publish advertisement in the local and regional
newspapers, TV etc. for promoting sales of the company’s products.
The Direct seller shall not be liable to pay the cost of such brochures,
sales demonstration equipment and materials or any other fees relating to
participation.
That the company shall issue photo identity cards to Direct Seller. This
photo identity card shall be returned by the direct seller to the company
at the expiry/termination/revoke of the agreement and shall be destroyed.
The identity card shall contain the name of the direct seller, Direct
Seller number (which shall be Unique). It shall also have a prominent
print declaring that the Direct Seller is not authorized to collect any
type of cheques/demand draft in his name from the customer. All
cheques/demand drafts etc., if any collected by Direct Seller should be
drawn in the name of the company only and should be deposited with the
company office or other offices as may be specified by the company,
within a day. Direct Seller shall hold the said cash collection/cheque/DD
in trust for and on behalf of the company. Upon failure to deposit the
said cash collection/cheque/DD, Direct Seller shall be liable to pay
damages/compensation. The receipt/Bill which is only issued by the
company would be valid documentary evidence in the hand of the customer.
It means Direct seller would not be authorized to issue any receipts/Bill
on behalf of the company.
Facilities for Purchases of Products
That the company may open following facilities for the customer from
where to purchases products—
(A) Online Portal/ E-commerce
(B) Stores (Retail Outlets)
(C) Authorized Sales Point
Any person who sells or offers for sell including on e-commerce
platform/marketplace, any product of the company, must have prior written
consent from the company in order to undertake or solicit such sale or
offer.
Direct Seller is required to visit above facilities to make payment and
collect valid receipt and products on behalf of the consumer/customers.
Buy-back/Repurchases Policy
That the company gives full refund or buy-back guarantee to every direct
seller on the following terms --
Direct seller who has purchased the goods from the company to distribute
or further sale is eligible to avail the benefit of buy-back policy.
If the purchased goods are not sold within 7 days from the date of the
distribution and billing of the goods to the Director seller
The condition of purchased goods must be saleable i.e. any
seal/protection on the goods is kept unbroken.
IF the fulfillment the above conditions, the Direct seller can be
exercised his/her right of buy-back policy with in a period of 7 days,
from the date of the distribution and billing of the goods to the direct
seller.
The company is responsible to buyback/repurchases of the goods on
submission of proof of original Bill and/or delivery Challan, ID, ADDRESS
Proof and purchased goods in Just as it as condition i.e. any
seal/protection on the goods is kept unbroken.
The company shall refund full amount after deducting of packaging,
courier, and applicable taxes etc as per the norms issued by the Govt.
Warranty of the Goods
That the goods sold by the company shall carry guarantee/Warranty of the
Manufacturer of a specified time, in this time the consumer can exchange/
replacement/repair of goods in case of defect.
That for the above process consumer shall produce the original bill
and/or delivery challan and ID, ADDRESS Proof to the company with the
goods
Refund Policy of the Goods
That the consumer shall have two opportunities as follows—
To exchange/return the goods if he find any manufacturing defect or the
goods purchased is not useful for the purpose it was meant, within 7 days
from the date of purchases, provided any seal/protection on the goods is
kept unbroken. OR
To receive full refund of the price of any goods returned by consumer on
the ground of any defect or inferior quality as against the information
given by it regarding such goods, within 7 days of the purchases,
provided any seal/protection on the goods is kept unbroken.
That for the above process consumer shall produce the original bill
and/or delivery challan and ID, ADDRESS Proof to the company with the
goods.
Sales Incentives/Commission Structure or other Benefit
That the Direct Seller shall enjoy the following privileges:
Sales Incentive related to their respective sales volume as per the
company’s marketing plan for its or tie-up goods /products.
Earnings of the Direct Seller shall be in proportion to the volume of
sales done by the Direct Seller by self or through team (Sales Group) as
stipulated in the marketing plan of the Company.
Marketing/selling of Company’s Products in Whole of India. There is No
territorial restriction to sale the goods/products.
With using Unique ID and Password Search and inspect his/her account on
website of the Company.
Working with other Direct Sellers as a Sales Team/Group
The company shall have no provision that a direct seller will receive
remuneration from the recruitment to participate in such direct selling.
That as per Marketing Plan of the company Sales Incentives/ commission
structure to be followed for the same.
That the Company reserves the right to restrict the list of products for
a particular Direct Seller.
That tariff revisions, Government directives, market forces etc., may
lead to change in the company sales Incentives/commission policy and the
company’s decision in this regard will be final and binding
That all payments and transactions are to be expressed in Indian Rupees.
That the Company does not guarantee/assure any facilitation fees or
income to the Direct Seller on account of becoming just a mere Direct
Seller of the Company.
That Sales Incentives/commission/Bonus to the Direct Seller shall be
subjected to statutory deductions as applicable like TDS etc.
That the company shall provide accurate and complete information to
prospective and existing direct sellers concerning the reasonable amount
of remuneration opportunity and related rights and obligations.
That the company shall Pay all dues and make with holding from direct
sellers in a commercially reasonable manner.
General terms and conditions
That the Direct Seller shall make proper canvassing for the sale of the
products in the said areas and for his purpose, the company and Sales
Team/Group shall assist the Direct Seller
That company will not provide any establishment/office expenses,
business running expenses etc. in relation to maintain an owned office
for the direct seller.
That Direct Seller covenants with the Company that it will exclusively
engage in the sale of the company’ products and tie-up product and shall
not indulge in the sale of similar/identical products and that it shall
protect and preserve the patents and trademark of the company’s products.
That Unique Identification Number has to be quoted by the Direct Seller
in all his/her transactions and correspondence with the Company. The
Unique Identification Number is system generated thus cannot be altered
at any point of time.
That No communication will be entertained without Unique Identification
Number and password. Direct Seller shall preserve the Unique
Identification Number and Password properly as it is must for logging on
to website.
That the Company reserves its right to withheld/block/suspend the Direct
Seller in the event the Direct Seller fails to provide any details as
desired by the Company from time to time like Pan Card details, KYC etc.
That the Direct Seller shall be faithful to the Company and shall uphold
the integrity and decorum to the Company and shall maintain good
relations with other Direct Seller and other clients also.
That the Direct seller shall be abide with policies, procedures, rules
and regulations of the company and All privileges laws, rules and
regulation and Direction and Guideline issued by the state and central
Government of India from time to time.
That the Company reserves the rights to modify the terms and conditions,
products, plan, business and policies with/without giving prior notice.
Such notice may be published through the official website of the Company,
and any such modification/amendment shall be applicable and binding unto
the Direct Seller from the date of such notice.
That the Direct Seller shall comply with all state and central government
and local governing body laws, regulations and codes that apply to the
operation of their Wellnessampm.fir Pvt. Ltd. business. Direct Seller
must not engage in any deceptive or unlawful trade practice as defined by
any central, state or local law or regulation.
That the Direct Seller shall not manipulate the Wellnessampm.fir Pvt.
Ltd. marketing plan or product's rate, etc., in any way and Direct
Seller shall not send, transmit or otherwise communicate any messages to
anybody on behalf of the Company otherwise than for authorization for the
same.
That the Direct seller shall be liable to produce/show/explain the
marketing/sales/trading plan of the company to the customer as it as he
is received.
That the Direct Seller and/or any other person is strictly prohibited to
use Business Promotional Material, other than Business Promotional
Material developed and/or authorized to develop by the Company.
That the Direct Seller shall not use the Wellnessampm.fit Pvt. Ltd.
trademark, logotype and design anywhere without written permission from
the Company. This permission can be withdrawn at any time by the Company.
That All the arrangements, expenses, permission from local authorities,
complying with rules of central and state government and local body is
whole responsibility of Direct Seller for meetings and seminars conducted
by Direct Seller.
That No another Direct seller code shall be issued on same Pan Card.
The Direct seller is agreed and authorized to the company to create
his/her Sales and purchases books of accounts stating the details of the
products, price, tax, and the quantity and such other details in respect
of the goods sold by him/her, in such form as applicable law as mentioned
in the sub-clause 5 of the clause 5- Certain obligation of Direct
Sellers. In this relation the company shall be authorized to deduct the
charges from the incentive of the direct seller for prepare of such
accounts on behalf of the direct seller.
Obligations of Direct Seller
That the Direct Seller engaged in direct selling shall
carry their identity card and not visit the customer’s premises without
prior appointment/approval;
At the initiation of a sales representation, without request, truthfully
and clearly identify themselves, the identity of direct selling entity,
the nature of the goods or services sold and the purpose of the
solicitation to the prospective consumer;
Offer a prospective consumer accurate and complete explanation and
demonstrations of goods and services, prices, credit terms, terms of
payment, return policies, terms of guarantee, after sales service;
Provide the following information to the prospect/consumers at the time
of sale, namely;
(1) Name, address, registration number or enrollment number, identity
proof and telephone number of direct seller and details of direct selling
entity;
(2) A description of the goods or services to be supplied;
(3) Explain to the consumer about the goods return policy of the company
in the details before the transaction.
The order date, the total amount to be paid by the consumer along with
the bill and receipt.
Time and place for inspection of the sample and delivery of goods
Information of his/ her rights to cancel the order and/ or to return the
product in saleable condition i.e. any seal/protection on the goods is
kept unbroken and avail full refund and sum paid.
Detail regarding the complaint Redressal mechanism.
The Direct seller shall keep proper book of accounts stating the details
in respect of the goods sold by him/ her, in such form as per applicable
law.
The direct seller shall not:
Use misleading, deceptive and /or unfair trade practices.
(2) Use misleading, false, deceptive and/or unfair recruiting practices,
including misrepresentation of actual or potential sales or earnings and
advantages of direct selling to any prospective direct seller in their
interaction with prospective direct sellers.
(3) Make any factual representation to prospective direct sellers that
cannot be verified or make any promise that cannot be fulfilled.
(4) Present any advantages of direct selling to any prospective direct
seller in a false and/ or a deceptive manner.
(5) Knowledge, make, omit, engage or cause or permit to be made any
representation relating to the direct selling operation including
remuneration system and agreement between the direct selling entity and
the direct seller, or the goods or misleading.
(6) Require or encourage direct sellers recruited by the first mentioned
direct seller to purchase goods and/or services in unreasonably large
amounts.
(7) Provide any literature and/ or training entity, to a prospective and/
or existing direct seller both within and outside the parent direct
selling entity.
(8) Require prospective or existing direct seller to purchase any
literature or training material or sales demonstration equipments.
The company shall provide monetary and non-monetary sales
benefit/incentive including service tax/GST. The company shall not pay
any service tax /GST to the direct seller. The Direct seller shall be
responsible to pay any service tax /GST (if any).
The Direct seller shall not create any cross line in the sales Network
of the company.
Obligations of Direct Seller Entity/Company towards Direct seller
That the company shall provide a mandatory orientation session to all
prospective direct sellers providing fair and accurate information on all
aspect of the direct selling operation including but not limited to the
remuneration system and expected remuneration for newly recruited direct
sellers
That the company shall maintain proper records either manual or
electronic of their business dealing with complete details of their goods
services terms of contract, price, income plan, details of direct
sellers, including but not limited to enrollment, termination active
status, earning etc.
(a) The company shall maintain a “register of direct sellers” wherein
relevant details of each enrolled direct seller shall be updated and
maintained.
(b) The details of direct sellers shall include and not be limited to
verified proof of address, proof of identity and pan.
That the company shall maintain proper and updated website with all
relevant details of the company, contact information, its management ,
product , product information, product quality certificate, price,
complete income plan, terms of contract with direct seller and complaint
redressal mechanism for direct sellers and consumers.
That the company shall provide to direct seller their periodic account/
information concerning, as applicable, sales, purchases, details of
earning, commissions, bonus, and other relevant data, in accordance with
agreement with direct sellers. All financial dues shall be paid and any
withholding made in a commercially reasonable manner;
That the company shall monitor the value of the purchases of all its
direct sellers/ Distributors on a monthly basis and once the purchase
value crosses the VAT threshold, the company shall intimate the direct
sellers/ Distributors to pay the VAT.
That the Company shall not compel to a participant/Direct seller to
purchases goods—
(a) for an amount that exceeds an amount for which such goods or services
can be expected to be sold or resold to consumers.
(b) For a quantity of goods or services that exceeds an amount that can
be expected to be consumed by or sold or resold to consumers.
That the Company shall not
(a) Use misleading, deceptive or unfair recruiting practices, including
misrepresentation of actual or potential sales or earnings, in their
interaction with prospective or existing direct sellers;
(b) Make any factual representation to a prospective direct seller that
cannot be verified or make any promise that cannot be fulfilled;
(c) Present any advantages of direct selling to any prospective direct
seller in a false or deceptive manner;
(d) Make or cause, or permit to be made, any representation relating to
its direct selling business including remuneration system and agreement
between itself and the direct seller, or to the goods or services being
sold by itself or by the direct seller which is false or misleading;
(e) Engage in, or cause or permit, any conduct that is misleading or
likely to mislead with regard to any material particulars relating to its
direct selling business, including remuneration system and agreement
between itself and the direct seller, or to the goods or services being
sold by itself or by the direct seller;
(f) Use, or cause or permit to be used, fraud, coercion, harassment, or
unconscionable or unlawful means in promoting its direct selling
practice, including remuneration system and agreement between itself and
the direct seller, or the goods or services being sold by itself or by
the direct seller.
(g) Require its direct sellers to provide any benefit, including entry
fees and renewal fees or to purchase any sales demonstration equipment or
material in order to participate in its direct selling operations;
(i) Require the direct sellers to pay any money by way of minimum monthly
subscription or renewal charges;
That the company shall be responsible for compliance of these Guidelines
by any member of its network of direct selling, whether such member is
appointed directly or indirectly by the Direct Selling Entity.
Obligations of Direct Seller Entity/Company towards consumer
That the Company shall provide information to the consumer upon purchase
which shall contain.
(a) The name of the purchaser and seller. (b) The delivery date of goods
or services (c) Procedures for returning the goods: and (d) Warranty of
goods and exchange/ replacement of goods in case of defect Provided that
no Direct seller shall, in pursuance of a sale, make any claim that is
not consistent with claims authorized by the Direct seller entity.
That the company and Direct seller shall take appropriate steps to
ensure the protection of all private information provide by a consumer.
That Direct seller and company shall be guided by the provision of the
consumer protection Act 1986.
That the supply/Distribution of goods with the knowledge that such
goods/products are inferior or exceeded its validity period as per the
manufacturer.
That the MRP should be visibly displayed on the package.
That the company/Direct seller who sells goods to a consumer shall issue
a cash bill to such consumer in accordance with the provision of the law
for the time being force in this respect.
Prohibitions
That any payment of Incentive by whatever names it is called unrelated
to their respective sales volume is prohibited.
That the Direct Seller or his/her relatives (relative means dependent son
or daughter, father/mother, spouse) shall not engage in any activities of
Multi Level Marketing of any other entity. If it is found then such
Direct Seller shall be terminated.
That the Direct Seller is prohibited from listing, marketing,
advertising, promoting, discussing, or selling any product, or the
business opportunity on any website or online forum that offers like
auction as a mode of selling.
That the Direct Seller hereby undertakes not to compel or induce or
mislead any person with any false statement /promise to purchase products
from the Company or to become Direct Seller of the Company.
That the Company/Direct seller shall not promote a pyramid scheme, as
defined in Clause 1(12) of the “Advisory to state Government/Union
territories on Model Guideline on Direct selling” issued by the
Department of consumer Affairs, Ministry of Consumer Affairs, Food &
Public Distribution, Government of India Dt. 09th Sep. 2016 F.NO.
21/18/2014-IT (Vol-II). In the garb of Direct Selling Business
opportunities.
Indemnification
That the Direct Seller agrees to protect, defend, indemnify and hold
harmless Company and its employees, officers, directors, agents or
representatives from and against any and all liabilities, damages, fines,
penalties and costs (including legal costs and disbursements) arising
from or relating to:
(a) Any breach of any statute, regulation, direction, orders or standards
from any governmental body, agency, or regulator applicable to the
company;
(b) Any breach of the terms and conditions in this agreement by the
Direct Seller, or
(c) Any claim of any infringement of any intellectual property right or
any other right of any third party or of law by the Direct seller; or
(d) Against all matters of embezzlement, misappropriation or
misapplications of collection/moneys which may from time to time during
the continuance of the Agreement come into his/her /its possession
/control.
That this clause shall survive the termination or expiry of this
Agreement.
Relationship
That the Direct seller understands that it is an independently owned
business entity and this Agreement does not make it, its employees,
associates or agents as employees, agents or legal representatives of the
company for any purpose whatsoever. The Direct seller has not express or
implied right or authority to assume or to undertake any obligation in
respect of or on behalf of or in the name of the company or to bind the
company in any manner. In case, the Direct Seller, its employees,
associates or agents hold out as employees, agents, or legal
representatives of the company, the company shall demand to pay cost of
any/all loss, cost, damage including consequential loss, suffered by the
Direct seller on this account.
Liability That Except as provided in this Agreement, here in above, the
company shall not be liable to the Direct seller or any other party by
virtue of termination of this Agreement for any reason whatsoever for any
claim for loss or profit or on account for any expenditure, investment,
leases, capital investments or any other commitments made by the other
party in connection with the business made in reliance upon or by virtue
of this Agreement.
Suspension, Revocation or Termination of agreement
That the company reserves the right to suspend the operation of this
agreement, at any time, due to change in its own license conditions or
upon directions from the competent government authorities. In such a
situation, company shall not be responsible for any damage or loss caused
or arisen out of aforesaid action.
That the company may, without prejudice to any other remedy available
for the breach of any conditions of agreement, by a written notice of ONE
month issued to the Direct seller at its residential address, terminate
this agreement under any of the following circumstances:
(a) The Direct Seller failing to perform any obligation(s) under the
agreement;
(b) The Direct Seller failing to rectify, within the time prescribed, any
defect as may be pointed out by Company.
(c) The Direct Seller being involved in any criminal proceedings/case
(d) others like Pursuant to the provision to the marketing plan, For
reason of non-performance, Any unethical and pre judicial work to the
interest of the Company, For the breach of any terms and conditions of
this agreement and marketing plan, Information given by Direct Seller
found wrong/false, In convicted of an offence punishable by a prison
term, Is declared bankrupt, Is not mentally sound to handle the business,
Migrate to other country, due to death/insolvency/mentally of Direct
seller.[But In case of Death, on producing of probate/succession
certificate by legal heirs, the Direct seller code may be transferred to
the legal heirs of deceased Direct seller.
(e) Where a direct seller is found to have made no sales for goods for a
period of up to two years since the contract was entered into, or since
the date of last sale made by the direct seller.
(f) Where a direct seller is found to have embezzlement of
Cash/Cheque/DD, which is received by the customer on behalf of the
company.
(g) That the Direct Seller may terminate this agreement at any time by
giving a written notice of ONE MONTH to the Company at the registered
address of the company.
(h) That It shall be the responsibility of the Direct Seller to maintain
the agreed Quality of Service, even during the period when the notice for
surrender/termination of agreement is pending.
(i) That Breach of non-fulfillment of Agreement conditions may come to
the notice of the company through complaints or as a result of the
regular monitoring. Wherever considered appropriate the company may
conduct an inquiry either suo-moto or on complaint to determine whether
there has been any breach in compliance of the terms and conditions of
the agreement by the Direct Seller or not. The Direct Seller shall extend
all reasonable facilities and shall endeavor to remove the hindrance of
every type upon such inquiry.
Actions pursuant to Termination of Agreement
That notwithstanding any other rights and remedies provided elsewhere in
the agreement, upon termination of this agreement:
The Direct seller shall not represent the company in any of its dealings.
The Direct seller shall not intentionally or otherwise commit any act(s)
as would keep a third party to believe that the company is still having
Direct selling agreement with Direct seller.
The Direct seller shall stop using the company’s name, trademark, logo,
etc., in any audio or visual form.
The expiration or termination of the Agreement for any reason whatsoever
shall not affect any obligation of Direct seller having accrued under the
Agreement prior to the expiration of termination of the Agreement and
such expiration
Termination shall be without prejudice to any liabilities of Direct
seller to the company existing at the date of expiration or termination
of the Agreement.
Governing Laws and Regulation
That this Agreements shall be governed by the Indian Contract, 1872, The
consumer Protection Act, 1986, “Advisory to state Government/Union
territories on Model Guideline on Direct selling” issued by the
Department of consumer Affairs, Ministry of Consumer Affairs, Food &
Public Distribution, Government of India Dt. 09th Sep. 2016 F.NO.
21/18/2014-IT (Vol-II). Laws, Rules, regulation and Direction issued by
the Central and State Government of India and any proceedings arising out
of these Agreements shall be initiated in the appropriate Indian court
and all orders and decrees would be expressed in Indian language.
That the parties hereby agree that nothing contained herein shall
prejudice the right of the company to appoint another Direct seller in
the same territory or to open retail outlets if found necessary.
Cancellation clause
That notwithstanding anything stated or provided herein, the Company
shall have full powers and discretion to modify, alter or vary the terms
and condition in any manner whatsoever they think fit and shall be
communicated through official website or other mode as the Company may
deem fit and proper. If any Direct Seller does not agree to be bound by
such amendment, he/she may terminate this agreement within 7 days of such
publication by giving a written notice to the Company. Without submission
of the objection for modification etc., if Direct Seller continues the
Direct Selling activities then it will be deemed that he/she has accepted
all modifications and amendments in the terms & conditions for future.
Dispute Settlement
That In the event of any question, dispute or difference arising under
this agreement or in connection there-with (except as to the matters, the
decision to which is specifically provided under this agreement), the
same shall be referred to the court of NEW DELHI, India.
That the parties hereby agree that any dispute or difference between them
may be referred to the arbitrator whose decision shall be final and
binding upon the parties hereto.
Force- Majeure
That If at any time, during the continuance of this agreement, the
performance in whole or in part, by the company, of any obligation under
this is prevented or delayed, by reason of war, or hostility, acts of the
public enemy, civic commotion, sabotage, Act of State or direction from
Statutory Authority, explosion, epidemic, quarantine restriction, strikes
and lockouts, fire, floods, natural calamities/Disaster or any act of God
(hereinafter referred to as event), neither party shall, by reason of
such event, be entitled to terminate the agreement, nor shall either
party have any such claims for damages against the other, in respect of
such non-performance or delay in performance. Provided Service under the
agreement shall be resumed as soon as practicable, after such event comes
to an end or ceases to exist
The Direct seller hereby covenants that as under –
That he/she has clearly understood the application form, marketing
methods/plan, the compensation plan, its limitations and conditions and
he/she is not relying upon any representation or promises that is not set
out in these terms and conditions or other official printed or published
materials of the Company.
That Relation between the Company and the Direct Seller and all his/her
activities here under shall be governed in addition to this agreement, by
the rules / procedure contained in the marketing plan, available on
website. The Direct Seller confirms that he/she has read out all the
terms & conditions thereof and agrees to be bound by them.
Shall act as a freelance body and shall not commit any misfeasance or
malfeasance to create any liability/obligation over the Company of
whatsoever nature.
That the Direct Seller is not an agent, Employee or any other Legal
representative of the Company or its service providers.
That Any payment received by the Direct Seller from any person declaring
that the amount is being received for and on behalf of the Company shall
not be deemed to be received by the Company. Direct seller is not
authorized to receive any money for and on behalf of the Company.
That Direct Seller, hereby declare that all the information furnished to
the Company are true and correct. Company shall be at sole discretion and
liberty to take any action against the Direct Seller in the event, it is
discovered that the Direct Seller furnished any wrong/false information
to the Company.
That I am the concerned person hence fully conversant with the fact
deposed above and I have agreed without any pressure to be appointed as
Direct Seller in Whole India on terms and condition as contained in this
Agreement.
That I have read and understood the terms and conditions for appointment
of Direct Seller of the Company and I have also gone through the
Company's official website, printed materials, brochures and convinced
about the business and I have applied to appoint me as a Direct Seller on
my own volition.
I undertake to adhere for policies, procedures, rules and regulations
formed by the Company and I confirm having read/been explained and
understood the contents of the document on policy and procedures of the
appointment of Direct Seller
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed through their respective authorized representatives on the
…….day of …... 20…... Read over by me/ to me and agreed by me on (Date)
.........................................................................
....... Name: Signature: ------------------------ -----------------------
------ (Signature) (Name of applicant) Sign and seal of the company
……………………………………… Witnesses: Name
________________________________________________ Signature
___________________ Name ________________________________________________
Signature ___________________ Signature of applicant on each and every
page is mandatory. All Documents must be Self Attested