annexure 1 dhanwantarl distributors pvt. ltd. : board of ...gmail... · rajesh manager 7350099993...

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--_ --- ------- --- DIRECT SELLER AGREEMENT This agreement is executed on by & between parties mentioned herein below: Mr.lMrs./MisS, ...;__ _ Age__ R/O __ Occupation _ & Dhanwantari Distributors Pvt. Ltd., having it's registered office at Post Koregaon, Taluka Koregaon, District Satara, Maharashtra & Corporate Office at Heartline, first floor, Behind Sanjeevan ICU, Sadar Bazaar Satara, Maharashtra. TERMS AND CONDITIONS I. Application of Independent Direct Seller 1.The applicant shall act as an Independent Direct Seller, herein after referred to as "IDS" for Dhanwantari Distributors Pvt. Ltd., herein after referred to as the said "Company". The applicant must be a major (18 years) on the date of application in order to be eligible to become IDS of the said Company and enter into contract as provided in the 'Indian Contract Act'. 2.This document including the IDS (Independent Direct Seller) Application overleaf shall be fully completed and signed by the applicant and accepted by Dhanwantari Distributed Pvt. Ltd. The IDS Agreement ("Agreement") between Dhanwantari Distributor Pvt. Ltd. and the applicant(s) whose signature and other identification data appear overleaf. 3.The applicant has to submit scan copy of Aadhar Card/ Driving License/ Voter 10 Card/ Passport or any other document issued by Government which defines his personal identity & residential address. Copy of Residential address proof, PAN card& copy of cancelled cheque (to authenticate his/her bank account details for transferring commissions/ incentives) is mandatory along with IDS application. 4.This application/agreement form is considered as an authentic and legal binding document. This contract is between the applicant (herein after referred to as "IDS") and "Dhanwantari Distributors Pvt Lt 's ~ fier referred to as "Company"), If the ~, IS' ~ ;:! z: d. ~ . t>-ijo • s,..\I>-~"i>-

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--_ --- ------- ---

DIRECT SELLER AGREEMENT

This agreement is executed on by & between parties mentionedherein below:

Mr.lMrs./MisS, ...;__ _

Age__

R/O __

Occupation _

&

Dhanwantari Distributors Pvt. Ltd., having it's registered office at Post Koregaon,Taluka Koregaon, District Satara, Maharashtra & Corporate Office at Heartline, firstfloor, Behind Sanjeevan ICU, Sadar Bazaar Satara, Maharashtra.

TERMS AND CONDITIONS

I. Application of Independent Direct Seller

1.The applicant shall act as an Independent Direct Seller, herein after referred to as "IDS"for Dhanwantari Distributors Pvt. Ltd., herein after referred to as the said "Company". Theapplicant must be a major (18 years) on the date of application in order to be eligible tobecome IDS of the said Company and enter into contract as provided in the 'Indian ContractAct'.

2.This document including the IDS (Independent Direct Seller) Application overleaf shall befully completed and signed by the applicant and accepted by Dhanwantari Distributed Pvt.Ltd. The IDSAgreement ("Agreement") between Dhanwantari Distributor Pvt. Ltd. and theapplicant(s) whose signature and other identification data appear overleaf.

3.The applicant has to submit scan copy of Aadhar Card/ Driving License/ Voter 10 Card/Passport or any other document issued by Government which defines his personal identity& residential address. Copy of Residential address proof, PAN card& copy of cancelledcheque (to authenticate his/her bank account details for transferring commissions/incentives) is mandatory along with IDS application.

4.This application/agreement form is considered as an authentic and legal bindingdocument. This contract is between the applicant (herein after referred to as "IDS") and"Dhanwantari Distributors Pvt Lt 's ~ fier referred to as "Company"), If the

~, IS'~;:!z:d.

~ .t>-ijo • s,..\I>-~"i>-

applicant agrees to adhere to and abide by the conditions mentioned hereunder, he/sheshall become IDS on purchase of any product. There is no jOining fee. The companyreserves the right to modify and amend these rules & regulations and code of ethics fromtime to time. Thus modification/change in rules & regulations and code of ethics will beinformed to all the Direct Sellers through company website ..www.dhanwantari.com ..and itwill be binding on all IDS of the company.

II. IDS Business Rules

1. The Business Opportunity is purely optional and IDS is not compelled to bring or Sponsorany other IDS. She/he can do so if they wish for their own gain.

2. IDS hereby confirm that he/she has entered into this Agreement as an IndependentDirect Seller. Nothing in this Agreement shall establish as employment, or any other laborrelationship between the IDS and the Company, and nothing shall establish the DirectSeller's position as a partner, procurer, broker, and / or representative of the Company.

3. When purchasing and selling the company's products, the IDS shall act as anIndependent Direct Seller, acting in his/her own name, at his/her own Responsibility and forhis/her account and the Company shall not liable for the same.

4. IDS hereby agrees to become the Company's IDS and to participate in itsCompensation/commission Plan as chosen by him/her which is understood byhim / her intheir vernacular language & agree to abide with the same.

5. IDS will not use the Company Trade-name or trademark without written consent by thecompany. IDS is however permitted to promote the same through his/her personal contacts& word of mouth.

6. The Company will make all payment of commissions through account payee chequesdrawn in favor to The IDS or transfer the said amount into the IDS'S Bank account, afterdeduction of all applicable taxes and statutory requirements as Govt. Rules.

7. The Company shall as and when required at its option and sale discretion amend theRules, Regulation, Policies & Procedures and Terms & Conditions of this BusinessRelationship and shall notify any amendments, alterations, deletions or additions byupdating in the Rule Book and/or its website. It is the Direct Seller's responsibility to keeptrack of the same.

8. A" disputes are subject to Satara Jurisdiction. The Company shall have liberty toterminate this contract with IDS, in pursuance of the reasons mentioned above. So also anyother reasons, the company may deem fit. The company shall not be in any way liable todisclose any reason/ cause to IDS for termination of this contract, if the Company is of theopinion that the provisions of the Rules of conduct are not being followed and/or any anti­Company activities are being carried out by IDS.

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9. All compensation/commissions are based on the product sales or purchase. There is nojoining fee.

10. Buy Back Policy: The IDS has right to return the product within 30 days of time period ifnot satisfied with the purchase, provided that the product must be in seal & salablecondition.

11. Cooling off Period: The Direct Seller may repudiate the agreement without being subjectto penalty for breach of contract within the period of thirty days.

12. Any partnership, proprietorship or limited company when apply for distributorship shallbe registered under a duly appointed representative.

13. The applicant must personally and completely fill up and sign the prescribed applicationform clearly and legibly in BLOCK letters to signify his/her acceptance of all the terms of therules and regulations of the company.

14. No existinq IDS shall be allowed to re-enter as IDS at any circumstances by any IDS atany hierarchy. If found, such IDS will be terminated with immediate effect without anycompensation and notice.

15. The Company has not authorized any IDS of the company to receive any amount eitherin cash or by cheque/demand draft on behalf of the company towards IDS fee or purchaseof products. All such purchases should take place only in the company approved stockiest,State stockiest or in theCompany Regional Offices.

16. The IDS will be eligible for incentives or commission only as per the volume of businessdone by him/her as stipulated in the business plan. The company does not assure anyincentive or income to the distributor on merely account of his/her joining in the company.

17. The company always reserves the right to reject any IDS application at its owndiscretion.

18. The applicant shall ensure that all the information furnished in the IDS application formis correct and properly entered. If at all the information furnished by the distributor is foundto be false/ incorrect, the company shall have right to initiate appropriate legal proceedingsagainst such applicant.

19. Any request for correction of information after IDS registration with the company will notbe entertained strictly.

20. The company will not be answerable for any promise, assurance given with by any IDSto any person. Hence, the applicant should go through the company website"www.dhanwantari.com ... business brochures and notice issued by the company beforeentering into IDS Business.

21. The company will approve the IDS by issuing an official receipt and an onlineregistration, which will carry the password and an identification number known as "IDS 10".This IDS 10 will be referred in all his/her transactions and correspondence with thecompany. The IDS 10 cannot be altered at any later point of time. It shall be soleresponsibility of the IDS to keep secrecy of the IDS 10. The Company shall not beresponsible for any misuse or unauthorized use of IDS 10.

22. The company will, in no case, entertain any communication without IDS 10.

23. The company reserves the right to track IDS activity by both IPAddress aswell asindividual browser activity.

III. IDS Duties & Responsibilities:

1. IDS is an independent Direct Seller. Hence, he/she is not an employee, agent orrepresentative of the company.

2. IDS shall not use Company name, Logo, Slogan, Trademarks, and Trade names withoutthe company's consent.

3. No IDS shall conduct unauthorized seminars, meetings or assembly that is not in line withthe business ethics of the company. Any IDS found to have been engaged in discriminatingor including others to complain against the company's procedures, rules and regulations,he/she will be terminated with immediate effect without notice.

4. The company products have no therapeutic claims. All IDS, stockiest and state stockiestherein undertake to shoulderall responsibilities, liabilities and damages that may arise ofany misrepresentation, over-claim or concealment regarding the true nature of companyproducts.

5. The IDS do hereby agree that he shall not disclose any confidential information receivedduring course of business. So also the IDS shall not solicit any members of the company.

6. The IDS shall not make any adverse remarks, statements against the company. If at all itis found by the company that the IDS has made any adverse remarks against the company,the company shall have right to initiate legal proceedings, so also shall have right todemand compensation for the same.

IV. Transfer of distributorship:

1. Application for change of sponsor or for the transfer of personal/group sales is strictly

Prohibited.

V. Termination of Distributorship:

1. All IDS, stockiest and state-stockiest should be bounded to Rules &

Regulations and Code of Ethics of the Company & if anyone is found guilty of not followingthe same, then he/she will be terminated from the company with immediate effect.

2. The Company reserves all rights to terminate IDS. Once IDS is terminated, he/she shallnot enter any of the company premises/meeting locations and his/herincentives/commission will be stopped immediately.

3. The IDSwill be terminated if IDS is found to have made no sales of goods for a period ofthree months since the agreement contract was entered into, or since the last date of thelast sale made by the IDS.

VI. Death& Inheritance:

The legal heir/s shall submit a certified copy of legal heir certificate to thecompany statingtheir request to replace the decreased distributor. TheCompany has the right toapprove/disapprove the request upon proper evaluation.

VII. Prohibited business practices:

1. Under-cutting: Selling of the company's products in the market at a discounted pricebelow the prescribed price rate is strictly prohibited.Over-pricing ; Selling the companyproducts in the market above MRP rate is strictly prohibited.

2. Cross Sponsoring: Re-registration under other sponsor/up line in the same name or inname of blood relation (Wife, Children, Father, Mother, Brother) is strictly prohibited.

3. Pirating: Convincing, enticing or inviting co-IDS to join other MLM/directselling companyis strictly prohibited.

4. Dummies/False Representative(s): Registration of dummies or false representative(s) isstrictly prohibited. The Company reserves the right to terminate such IDS found guilty forcommitting above such prohibited business practices with immediate effect without anynotice. The company reserves the right to suspend/cancel any commission or incentive(s)generated through the use of dummies/false representative(s).

VIII. Commission (Incentives)& Payout:

1. Commissions (Incentives) are based on the performance of the IDS as per thecompensation plan.

2. Commissions (Incentives) will be paid through bank account transfer or byA/C payeecheque as per the information provided by the IDS. The company will not be responsible forany delay or loss due to the wrong or incorrect bank details provided by the IDS.

3. If the IDS could not provide complete and correct bank details, the accrued commissions(incentive) will not transfer and it will be on hold with the company. Any such commissions

hold by the company for more than three months will be forfeited automatically. No IDS canclaim after such forfeiture.

4. Commission statements are system generated & it can be downloaded or printed fromthe IDS login at the company website.

5. The company reserves the right to hold and cancel the IDS /stockiest/state stockiestcommission(incentives) against any receivable from such IDS /stockiest/state stockiest tothe company.

IX. Legal & Taxations:

1. The rules & regulations mentioned above shall be governed in accordance with the Lawin force in the territories of India. Disputes, if any arise, shall be subject to the exclusivejurisdiction of the Court of Satara.

2. If any dispute or difference arises between the parties here to affect the business orinterpretation of any terms and conditions or as to incentives, income etc. relating to thebusiness of the company, the same shall be referred to arbitration and the arbitration shallbe governed by the 'Arbitration and Conciliation Act, 1996'.

3. The company reserves the right to modify/change the business plan without prior notice.Its effect will reflect on website www.dhanwantari.com and it will be binding on the IDS ofthe company.

4. The IDS has to provide sales bill & receipt to the end user.

S.The IDS shall maintain proper book of accounts stating the details of products, price, tax& the quality & such other details in respect of the goods sold by him/her, in such form asper the applicable law.

6. All taxes and fees that may be required by the government to carry out IDS business areto be shouldered by the IDS.

7. TDS will be deducted as per the Income Tax Act.

CODE OF EHTICS:

As an Independent Direct Seller of Dhanwantari Distributors Pvt Ltd, he/she shall agreeto conduct company business according to the following ethical guidelines:

1. He/she shall endeavor to be professional in dealing with co- IDS.

2. He/she shall respect and follow the Code of Ethics and Rules & Regulations, observing itas a guide to the business.

3. He/she shall present the company product and business to the entire client, contacts andprospective IDS with honesty and integrity by using approved company publications andpresentations.

4. He/she shall conduct business activities in a manner that will reflect the highest standardof integrity, frankness and responsibility.

5. He/she shall accept and carry out the responsibility as a company IDS & maintain ethicalbusiness practice.

6. He/she shall take responsibility to teach and to help to their down lines by teaching theprinciples and guidelines of the company code of ethics, rules &regulations, productpresentation, and compensation plan as a tool to start their way to success.

7. He/she shall take initiative to motivate their down lines to take necessary trainings andseminars to help them realize their potential business as their own.

DECLARATION

I, the undersigned, confirm that I have completed 18 yrs of my age. I understand thatsubmission of distributor application form to the company along with my personal identitydetails (KYC) & sale of product, as listed on company website, according to the pricementionedon the product label will make me eligible for a relationship as an IndependentDirect Seller with the Company. My IDS relationship cannot be transferred,sold, assigned toany person without the prior written consent of the company. I am responsible to pay all myapplicable taxes from time to time and the Company will not be held liable for the same. Ihave no objection and I agree to the Company deducting tax at source from myweekly/monthly actual cheque as per rates prescribed under the Income Tax Act, 1961 orpay the same as prescribed under any other law for the time being in force or anymodification thereof.

I confirm that the information set forth is accurate to the best of my knowledge and beliefand have read, under stood the entire content of this Agreement myself/ through my lawyerand hereby agree to the terms and conditions given in the reverse side of this form andthose prevalent/updated on the company's website, a copy of which has been madeavailable to me by my sponsor. I agree to the 'Direct Selling Guidelines 2016' given byMinistry of Consumer Affairs to carry out direct selling business. I also confirm and agree toabide by such terms and conditions modified or amended by the said company from time totime.

(.Jtttacli:ment Direct Seffina (juitfefines 2016)

IAgree

"

.'

Applicant Signature

, ..'

[ " These fields are compulsary. 1 Pleaseread Notesbeforeeriterinq Iyour details twice beforesu itting.Details cannot bechangedin any circumstances.

Actual Sponsor 10*:

Click here to change it!Sponsor / UpLine 10*:

Position*: Place me LeftPleasechoosethe 'Left / Right' position.

Title*:

Full Name*: f"'--I Day 31r-Mo~n-th-3""fr-:"'Y-:-ea-r-3"".I

Pleaseselect the Title for company/ individualregistrations.Pleaseenter your Full Name.

DOB/ 001*:[ DD/ MM/ YYYYl

My Nominee*:Pleaseenter your Nominee Name.

Nominee Relation: I.Husband 3 Pleaseselect a relation with your Nominee.

Pleaseenter your detail Address.

City*:

Pin Code*:Pleaseenter your City like Mumbai/ Mumbai/

Aurangabadetc.Pleaseenter the 6 digit Pincode no. of your city.

District*:Pleaseenter the District name.

State* :

Emailld:*

Mobile No.*:

I IIt1aharashtra -----.:::1r Pleaseselect the State name.

(e.g. [email protected])

Pleaseenter your Mobile no.

Resident Phone. No.:

Adhar NO/ Voter 10 NO*

PANNO* :

Bank Account Type*

Bank Name* :

Bank Branch*

IFSC* :

Pleaseenter your Res. Phone no. with STDcode (eg.for Mumbai 0201234567) without any space.

('Savings Current Pleaseselect your Bank Account type.

Pleaseenter your Bank Branch.

Pleaseenter Branch's IFSC.

e- •Address*: L Pleaseenter the Address wheredelivery of the product

is to be posted. If the address is as sameas above thenpleasecheck the check box labeled 'same as above'.

Attachments» r:Adhar Card/ Voter ID PAN Cancelled Cheque

rI confirm that the information

given & KYCDocuments submittedare correct.

Regi!ter. f'«?w