1) MAHAA DREAM VENTURES PRIVATE LIMITED (hereinafter referred to as the Company) exclusively uses its website to display the details of its products, Services, marketing methods and business monitoring, apart from which it uses the word of mouth publicity to promote and create awareness about the website and its products.
2) The Company shall appoint Promoter across the country for marketing of its products and services. Any individual resident can become a Promoter by purchasing and/or subscribing to any of the product and/or service of the Company. Individuals interested to be a Promoter may apply in the form prescribed by following its terms and conditions upon purchase or subscribing the product or service.
3) Definitions:- The following words used in the form shall have the meaning as defined here in under: a) Company means MAHAA DREAM VENTURES PRIVATE LIMITED; b) Promoter means a person who is authorized by the Company to engage in the business of Promoting the Products/Services of the Company, after he/she enters into a contract with the Company; c) Consumer means a person buying the products and/or services for personal use, but does not include persons buying the products and/or services for the purpose of resale and commercial usage; d) Products and Services includes those products and/or services which are advertised on the website of the Company at the time of purchase; e) Incentive means amount payable to the Promoter for effecting sale of products or services as stipulated in the contract between him and the Company; f) UIN means Unique Identification Number issued by the Company to an Individual as token of acceptance of his application as a Promoter of the products or Services of the Company. g) Password means a unique code allotted to each Promoter along with his UIN to login to the website of the Company.
4) Appointment of Promoter: a) The Company upon scrutiny and verification of the Application may consider the Applicant as “Promoter” for Selling the products or Services of the Company and the Company shall be at liberty to accept or reject the application at its discretion. b) The Promoter shall enjoy the following privileges:- i] Incentive for effecting sale of products and services of the Company as per Company marketing plan; ii] No territorial restriction to sell the products and services;
5) The Applicant hereby covenants that: a) He/She has clearly understood the marketing plan, the incentive plan, its limitations and terms & conditions; b) He/She shall not involve in any sort of misrepresentation or fraudulent inducement or assurance or commitment with any of his/her customers; c) He/She shall abide by the terms and conditions of this agreement, marketing plan, incentive plan and all other officially printed or published materials of the Company; d) The relationship between the Promoter and Company shall be governed, in addition to these terms & conditions, by the rules and procedure mentioned in the marketing plan available on website or provided by the company in any manner. He/She further confirms that he/she has read and understood the terms & conditions carefully and agrees to be bound by them; e) Upon appending his/her signature to this document, shall be deemed to have accepted the terms and conditions stipulated herein and upon appointment after scrutiny of the application shall become the Promoter of the Company; f) Upon designating him/her as Promoter, he/she is an independent contractor and nothing contained in these terms & conditions shall be construed to: i] Give him/her the power to direct and control the day-to-day activities of the Company; ii] Constitute him/her and the Company as partners, joint ventures, co-owners or otherwise; iii] Allow him/her to create or assume any obligation on behalf of Company for any purpose whatsoever g) He/She shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, GST and/or other taxes chargeable to him/her on amounts earned hereunder. All Legal, Statutory, Financial and other obligations associated with his/her business shall be his/her sole responsibility; h) It is made and understood in very clear terms that Promoter is not an Agent, Employee or an authorized representative of the Company or its service providers. He/She is not authorized to receive/accept any amount/payment for and behalf of the Company and any payment received by him/her from any party shall not be deemed to be received by the Company; i) Any misfeasance or malfeasance committed by the Promoter shall not create any liability or obligation of whatsoever nature, over the Company
6) Special Conditions:- 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 Promoter does not agree to be bound by such amendment, he may terminate this agreement within 45 days of such publication by giving a written notice to the Company. Without submission of the objection for modification etc., if Promoter continues the Promoting activities, then it will be deemed that he has accepted all modifications and amendments in the terms & conditions for future.
7) General Terms and Conditions:- a) The Company may appoint any Third Party for Collection and distribution services. The Promoter is required to visit the Company official website from time to time to know such appointment and avail facilities such as walk in to their outlets and make payment and collect valid receipt and products from them; b) The Promoter will be eligible for facilitation fees or Incentive as income, as per the volume of sale of Products and/or services done by him/her, subject to the eligibility norms formulated by the Company from time to time. The Company does not guarantee any facilitation fees or any kind of income to the Promoter on account of becoming just a mere “Promoter” of the Company; c) The Promoter shall quote his Unique ID in all his transactions and correspondence with the Company. The Unique ID once allotted cannot be altered/change at any point of time. No communication will be entertained without unique ID and password. Promoter shall preserve the ID and Password properly as it is a must for logging into website, All types of Communication and all transactions of/with the Company.; d) Commission, Incentive or any kind of income to the Promoter shall be subjected to deductions applicable as per the Company's norms; e) The Company reserves its right to withheld/block/suspend the Promoter in the event the Promoter fails to provide any details as desired by the Company from time to time; f) Processing, Handling and Service charges and any other applicable charges will be deducted as per the Company norms; g) Promoter undertakes to adhere to all policies, procedures, rules and regulations formed by the Company; h) The Company reserves the rights to modify the business plan, Product, Product price, Service price, Package price, any other charges, terms and condition, business and policies with/without giving prior notice. Such notice shall be published through the official website of the Company and any such modification/amendment shall be applicable and binding unto the Promoter from the date of such notice; i) In case of death or loss of contractual capacity of the Promoter, his nominee or legal heir shall become the Promoter of the MAHAA DREAM and he/she shall abide by all rules and regulations, terms and conditions etc., in the same manner as original Promoter was supposed to abide; j) Promoter shall not manipulate the Company marketing plan, business plan or products rate, Incentive value, Income structure etc., in any way; k) Promoter shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company otherwise than for authorization for the same; l) Promoter 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; m) Promoter shall not use the Company Name, trademark, logo type and design anywhere without written permission from the Company; n) All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Promoter for meetings and seminars conducted by Promoter;
8) Special Conditions:- 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 Promoter does not agree to be bound by such amendment, he may terminate this agreement within 45 days of such publication by giving a written notice to the Company. Without submission of the objection for modification etc., if Promoter continues the Promoting activities, then it will be deemed that he has accepted all modifications and amendments in the terms & conditions for future.
9) Termination:- The Company may terminate this agreement for any reason not limited to: i) Non-performance of Promoter; ii) Involvement of Promoter in any unethical and pre judicial work to the interest of the Company; iii) In case of breach of any terms and conditions of this agreement and marketing plan; iv) In case the Promoter is found guilty of providing false information; v) In case the Promoter is convicted of an offence involving moral turpitude and punishable with imprisonment for a term not less than six months; vi) In case the Promoter is declared insolvent by the Competent Court; vii) In case the Promoter is declared to be a person of unsound mind; viii) Termination of a Promoter means termination of: a) All rights and entitlements, commission from the Company; b) Personal information and access to the website of the Company; c) Identification as Promoter of the Company; d) Right to go any Company office and to attend the Company meeting or Seminars;
10) Force Majeure: The Company shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature including fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central, State, and/or Local Authority etc.,) any type of change in Law, Act by Government (Central or state).
11) Jurisdictional Issues:- In case of any dispute arising between the parties herein with respect to the terms and conditions of this agreement, the same shall be referred to arbitration of a common arbitrator if agreed upon, failing which to two arbitrators one to be appointed by each party to the dispute and the arbitration shall be governed by the Arbitration and the Conciliation Act, 1996. The Place of Arbitration shall be at Bengaluru.
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