1. Aagaaz Trade Mart. (Hereinafter called the Company) is a Company constituted under Companies Act, 2013.
2. The company has launched a business to promote and market and sell products of different companies.
3. That Company is not a manufacturer of any of the product sold; hence quality of the product is sole liability of the manufacturer thereof.
4. Any person can become an independent distributor by submitting his application through internet by using password, having contractual capacity and who is resident and citizen of India. Submission of application means:-
i. Applicant has accepted and agreed to abide by all company’s rules, regulations, terms, conditions, marketing plan etc. prevailing at the time of submission of application or any change, addition, alteration modification etc. made in the rules, regulations terms, conditions, marketing plan etc. by the company from time to time after submission and acceptance of the application.
ii. Applicant shall be presumed to have understood the business of the company and have accepted terms and conditions of joining the same.
iii. Applicant has not been forced or pressurized by anybody to join ‘ATM Business Plan’ launched by M/s Aagaaz Trade Mart.
5. Distributorship shall be granted for 12 months period. The duration of distributorship shall commence from the date of acceptance of application by the company. If distributor desires to extend his distributorship then he will have to submit the prescribed distributor renewal application form before expiry of distributorship. On acceptance company shall extend the distributorship for another 12 months period.
6. In the event of death or lost of contractual capacity of distributor, nominee or legal heir shall become the distributor of the company and he/she shall also abide by all rules, regulations etc. in the same manner as original applicant was being abide.
7. The distributor is not an agent or an employee or partner or in joint venture with the company and the sponsoring distributor shall not represent themselves as such.
8. A distributor shall act or shall do work as an independent vendor on his own responsibility. All act of the distributor should be consistent with the company’s framed “ATM Business Plan”.
9. Distributor shall not use ATM Business Plan logo or brand name without written permission from company. This permission can be withdrawn at any time by the company.
10. The Distributors shall not make any false convincing to join the ATM Business Plan. The Company shall not be liable for any false convincing given by any distributor which is not in conformity of marketing plan displayed on the website of the Company.
11. The company shall not be liable to any party for any statement, information, assurance of any other acts or deed given and/or done by the distributor. A distributor shall be liable to reimburse all costs/charges/expenses incurred/suffered by the company due to his functions, which are inconsistent with the company’s framed “ATM Business Plan”.
12. Distributor shall be responsible for their own business decisions and expenditure and the company will not be responsible for any loss cost, claim or liability put forward by a third party arising from their activities as distributor.
13. The company reserves its right to make changes, amendments or alteration in products/plans provided/explained including any changes in the marketing strategy, compensation plan polices and procedure from time to time as the company may deed fit and necessary in the interest of its business.
14. Distributor shall provide a permanent Account Number (PAN) card copy duly attested by him at the time of joining of company. 15. The Company has not authorized any of the distributors or any other person to collect cash payment towards the price of the product sold. 16. Every consideration/benefits/incentives/fees shall be paid & payable by Account Payee Cheque Amount due less than Rs.500/- shall be accumulated. 17. Payments as consideration will be subjected to all applicable taxes and withholding taxes duties and levies livable for past present or in future in respect to period of this agreement and borne by the distributor. 18. Online statements shall be provide by the Company on regular basis, written Statement can be provided on request in writing on chargeable basis which includes actual cost of communications and delivery of the statement. 19. The management shall have sole discretion to organize the Training Session/presentations/Seminars/Educational/ motivational programs time to time which will be informed to Distributor, either directly or through any authorized person. 20. Distributor shall promote/market the products of the company only during the agreed period with company and shall abstain from working in the same field at least for 1 year after termination of such period or other period as decided by Company. Without prejudice of other terms and conditions, Company is within its rights to take any action, if found this condition is violated. 21. No distributor is allowed to use company network database for marking/promoting of any other product which is not related to company. 22. Distributor/associate undertakes neither to contest nor to raise claims or make similar or looks like plans etc. either directly or indirectly during the tenure of life of product and subject to other terms and conditions and/or after the expiration of life of product company would be entitled to alter, terminate or modify before/or modify before/or after the Uncontrollable life (i.e. after the gestation period of the product). 23. Any disputes arising from this agreement or in relation to the agreement shall be resolved by Arbitration and Conciliation act, 1996 and shall be referred to a sole arbitrator namely Sh. Naresh Gupta, Advocate , Chamber No. 45, Western Wing, Tis Hazari Courts, Delhi and decision would be binding on both the parties. The place of arbitration shall be Delhi. 24. This agreement shall be governed, construed and enforced in accordance with the laws of India. 25. The company reserves right to terminate Distributorship of any distributor from the business without any information/notice if found directly or indirectly violating the rules and regulations of company. 26. Distributor shall be deemed to have explained all the above terms and conditions to their concerned associates as well as their nominee and the same shall be deemed to have accepted the same. 27. The distributor/associate shall not have any claim against the company for any unanticipated loss incurred or to be incurred and arising out of any revision or change in the terms &condition of concern relating authorities. 28. That Company is only a Company engaged in marketing of products, the amount accepted is only the price of the Product sold and all the benefits offered are given free of cost only for the purpose of promotion of the products. The company shall not be responsible for any unanticipated loss which is beyond the control of the Company.
I………………………………….S/o……………………….. R/o………. ……………………………………….aged about…years , do hereby declare and confirm that all the terms and conditions mentioned hereinabove have been read over and explained to me in vernacular and after dully understanding the same I accept them in entirety.
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