1. Each field in this Direct Seller Application (the “Application”) is mandatory and required to be filled in English by the applicant himself / herself who wishes to be appointed as Independent Direct Seller (also called ‘Independent Distributor’) of Mitrav Alliance Aver Marketing Private Limited (hereinafter “Company”). There is no sign up fees and signing up as Independent Distributor is free of cost.
2. By filing this Application, the applicant undertakes to be abide by the subsequent terms and conditions read with the policies of the Company and the Direct Selling Guidelines published by the Ministry of Consumer Affairs (“MCA”) in Official Gazette dated 26th October, 2016 (“Guidelines”) including any further amendments, modification, or enactment of new legislation by Government of India. I shall sign and submit Independent Distributor Contract with the Company alongwith my application.
3. This Application constitutes valid offer within the meaning of Section 10 of the Indian Contract Act, 1872, of the undersigned, addressed to Company to enter into an Independent Distributor Contract with Company under the subsequent Terms and Conditions specified.
4. The Independent Distributor of the Company understands that he/she is not an employee of the Company Mitrav Alliance Aver Marketing Private Limited, and there is no relationship of employee-employer between the Independent Distributor and the Company. The Independent Distributor of the Company shall be considered as an Independent Business Person starting the business with his / her free will and consent without any pressure, force or persuasion from anyone.
5. That MAA Independent Distributor of the Company understands the he/she is not an employee of the Company and there is no relationship of employee-employer between the MAA Independent Distributor and the Company. The MAA Independent Distributor of the Company shall be considered as an Independent Business Person joining the business with his/her free will and consent without any pressure force of persuasion form anyone.
6. That the MAA Independent Distributor understands that the Company is a direct selling network marketing company dealing in readymade garments. apparel and that there is no membership fee. joining fee or renewal fee in the company . The MAA Independent Distributor only pay for products and get a tax paid receipt against their purchases.
7. That the MAA Independent Distributor of the Company is above 18 years of age and has submitted valid documents in support of his/her date of birth and that the MAA Independent Distributor undertakes full responsibility for the genuinity of Identification Documents being submitted.
8. That the MAA Independent Distributor of the Company certifies that the details filled in the Online Distributorship Application (eForm) on the company’s website for enrollment of new Independent Distributors have been filled in correctly and have been thoroughly verified. Further he/she takes full responsibility for any errors or omissions in the details submitted by him/she for enrollment of new Independent Distributors.
9. That the MAA Independent Distributor of the Company takes full responsibility for the correctness of his/her Bank Account &Tax (PAN) deyails submitted in the Online/Offline Application.
10. That the MAA Independent Distributor of the Company shall be liable to run his/her business with due sincerity and honesty and in the best interest of the Company. He/she shall be further entitled to expand his/her personal business by any means which are not illegal or unethical….
11. That he MAA Independent Distributor of the Company shall not indulge in any illegal activity which could cause harm/damage/loss to the Company and further shall not say other Independent Distributor by any means, including reducing the retail prices of the goods.
12. That the MAA Independent Distributor of the Company shall not force any new distributor/prospect to buy the goods from the company and shall explain to the prospect the business plan of the company in most fair and transparent manner.
13. That the MAA Independent Distributor of the Company shall not claim himself/herself to be the Director/Officer of Franchise Owner of the Company. Neither the MAA Independent Distributor of th Company shall claim that he/she has an agency of the company and that he/she could make any other person also an agent of the company.
14. That the MAA Independent Distributor of the Company shall not disclose the confidential plans of the Company to any other adversary of competing Company and shall not participate in any illegal business transaction or activities so as to cause loss to the business or reputation of the Company. The MAA Independent Distributor shall also not exaggerate or manipulate the prices/quality/ranking/ perfectness or stock conditions in order to sell the retail goods successfully.
15. That the MAA Independent Distributor of the Company shall ensure complete secrecy of his/her Online Control Panel and the date contained therein: also he/she shall not share personal login credentials with any third-party company any other unrelated individual or party whatsoever.
16. That the MAA Independent Distributor of the company shall not use company’s name or the name(s) of any of its brands to advertise through any media (including but not limited to press, television, radio, internet etc.) to wrongfully give and impression that the company provides any kind of regular jobs or accommodation etc. Further the MAA Independent Distributor or the Company cannot use the logo, name, address, etc. of the company or any of its associated brands or branches for any means whatsoever without prior written agreement with the company.
17. That the MAA Independent Distributor of the Company shall not transfer the business supplement to obtain the benefit or retail store and shall also not sell the goods at a price lower than the retail price in any of the retail stores.
18. That the MAA Independent Distributor of the Company shall be restrained from relabeling / repackaging the retail goods in a manner similar to that of the Company and shall not infringe the copyright of the Company or its suppliers in whatsoever manner.
19. That the MAA Independent Distributor of the Company shall not promote the goods of any other Company doing the business similar to the Company and shall not persuade the customers to purchase products of other such companies and further shall not sponsor them to approach other Direct Selling Companies.
20. That the MAA Independent Distributor of the Company shall not damage the reputation of the Company or its Administrators, staff or Distributors and shall not put his/her signatures on any documents so as to interfere in the administrative work of the Company.
21. That the MAA Independent Distributor of the company shall not claim himself/herself to be fried / associate / acquaintance of the Administrators / Directors / Staff of the Company in order to show special privilege and thus claim to affect the business prospects.
22. That the MAA Independent Distributor of the Company shall not from Union and defame other distributors or sway thier distributors or interface in the working of the system in whatsoever manner. No MAA Independent Distributor shall cause damage to the market reputation of the company so as to cause business Loss of the Company.
23. The MAA Independent Distributor of the Company shall join the company by showing proper Government-issued ID Cards / Address & Age Proofs, etc, while undertaking that they are not fake or duplicated. Further, the MAA Independent Distributor undertakes that he / she will not join the company under more than one enrollment (FEID) numbers by falsely giving separate of fake ID Cards. Address or age proof and that the MAA Independent Distributor shall not work by concealing his identity by using different names and shall not run networks simultaneously.
24. That the MAA Independent Distributor of the Company shall not restrain any member to do business in his/her paricular way and shall also not restrain him/her from leaving the network or encourage him/her to leave the company.
25. That in case or termination of his/her distributorship the MAA Independent Distributor of the Company shall be entitled to receive his/her bonus in the following mouth when his/her distributorship ceases He/she shall not be entitled to receive premiums, bonuses, royalty or commissions of any levels generated thereafter, but shall be granted the proportional profit acquired prior to the termination of Distributorship. Any future bonus / profits / royalty / commissions shall be deemed to be cancelled. Further in case the termination of the particular MAA Independent Distributor of the Company negatively affects the commission levels, profits, royalty, etc. of other existing distributors. Then any prepaid additional amount shall be recovered from the said MAA Independent Distributor (s) as per the business plan rules and regulation of the Company.
26. That the Company shall be entitled to cancel the distributorship of any MAA Independent Distributor in case it is proven that he/she has failed to comply with the terms and conditions as set out herein if there is any case against the said Distributor of the Company in any Court of Law which may prevent him/her to continue with the business or which may harm the Company’s reputation or goodwill. However, he she shall be entitled to joining back in case of reformation. The final decision in this regard shall lie solely in the Company’s Administration / Management. In event of termination for any reason, including non-renewal of distributorship, no application for renewal of distributorship shall be accepted after one month of the expiry termination of this agreement in certain cases of noncompliance, the company may disable the distributorship of the MAA Independent Distributor of the Company for a specified time as decided by the Administration / Management in such circumstances also, no distributor benefits, commissions, royalty, etc. shall be provided to the said distributor.
27. That all the MAA Independent Distributor of the Company shall be restrained from getting the signatures of persons on their application forms by means of fraud, cheating or misrepresentation. All then new entrants shall be fold the following things most specifically:
A. The quality type cost and usage of the product.
B. Distributor Mechanism and Business Model.
C. Profit and Commissions/Bonus from sale of products and Business Volume.
D. Returns and Buy-back Policy: process of return of products and consequences thereof.
E. Process of surrender of distributorship and consequences thereof.
F. Conditions and process of Membership Account Transfer & Nomination.
28. That the MAA Independent Distributor of the Company will make the purchase from the money belonging to him/her and not by availing any kind of loan from any person. Bank financial institute. Further he/she will not force or persuade any other new entrant / existing distributor to take loan from any person / Bank / Financial Institution or assure them that loan can be arranged for them at low interest rates. The MAA Independent Distributor shall make it sure that the new entrants have the permission of their parents / guardians / family before making any purchase.
29. That the MAA Independent Distributor will not misguide new entrant by persuading him/her to purchase bulk products which he/she is not able to sell in stipulated time or purchase lesser stock & increase the purchase gradually. He/she isn’t liable to purchase a definite amount.
30. That the MAA Independent Distributor shall not mislead any new entrant by misrepresenting facts about the company. He/she will not make any false promises related to making quick and easy money and also not adopt any mischievous means to enroll new members. Further the MAA Independent Distributor the Company fully understands that his/her regular source of income, neither have they been promised committed any such thing by the Company, its management staff members any existing distributor etc. nor have they been induced so on behalf of them for making such purchases which would yield them any regular income.
31. That the MAA Independent Distributor of the Company fully understands the Company’s Buyback policy and undertakes to abide by the same. Any product returns would be accepted strictly within thirty days of purchase, provided they are in perfect safeable condition (unused, undamaged, sealed in their original packing) with all tags and labels. Further he/she acknowledges and agrees that in the event of return of purchases products, this agreements shall be deemed to be terminated as per the terms and conditions contained herein, ceasing the distributorship. Any such distributor will not be entitled to do any further business with the company in future in any direct or indirect ways personally or through his/her friends, relatives, representatives, etc.
32. That the MAA Independent Distributor of the Company shall be liable for the payment of all taxes/fees, etc. to appropriate Government authorities, payable in connection with or incidental to upon becoming and MAA Independent Distributor of the Company.
33. That the MAA Independent Distributor shall not be entitled for any costs incurred on new members for training advertisement, social engagements or other such programs. The MAA Independent Distributor of the Company shall not pay or charge any amount to / from anyone unofficially for training promotion in network or for any favour or purpose whatsoever.
34. That these terms and conditions shall be applicable to all the MAA Independent Distributor of the Company and the Company shall be entitled to amend the same without any direct personal notice other then an official notification regarding the said amendments.
35. Note:- That all the MAA Independent Distributor shall read these terms and conditions and ensure that the same have been understood by new members / prospects very clearly in their mother tongue as well.