Direct Seller Agreement

DIRECT SELLER AGREEMENT

ADKEN GLOBAL MARKETING PVT LTD a Company incorporated under the Companies Act, 1956, and having its head Office E-325, PHASE 8A INDUSTRIAL FOCAL POINT SAS NAGAR MOHALI PUNJAB 160055running business in the name and style as adken, hereinafter referred to as “The Company”. The Company is engaged into the business of direct selling on Contract Basis and in other business activities as stated in the Object Clauses of memorandum of Association of the Company. The Company exclusively uses its website to display the details of the products, marketing methods and business monitoring. It uses verbal publicity to promote its business. Individuals (Indian Citizens only) Interested in becoming the ABO of the Company, can apply for the same in prescribed form. Filling each & every column is mandatory. There is no deposit or any charges for becoming a ABO of the Company. Before filling the application form, the intending ABO shall go through the terms and conditions herein below thoroughly and if he agrees the terms and conditions, he shall append his signatures in the column provided hereunder as token of their acceptance.

Definitions:-
The The following words used in these presents shall have the meaning as defined here under:

a. Direct Selling
Means marketing or sale of goods and services directly to the end user/ consumer either by oral publicity or display or demonstrations of the goods/products/services or by distribution of pamphlets.

b. Direct Selling Entity/Company:
Means a Company namely ADKEN GLOBAL MARKETING PVT LTD. Having its Head office at E-325, PHASE 8A INDUSTRIAL FOCAL POINT SAS NAGAR MOHALI PUNJAB 160055 and running its main business in the name and style of ADKEN.

c. ABO/Direct Seller:
Means a person competent to enter into contract as per “Indian Contract Act”, and who is authorized and registered as ABO/Direct seller.

d. Consumer:
Means a person who purchases goods or hires services for consumption and not for commercial purposes. It shall have the same meaning as provided under the Consumer Protection Act, 1986.

e. Goods / Products :
Means goods/products/services defined in the Sale of Goods Act, 1930

f. Sales incentive:
Means amount of incentive payable to the ABO for effecting sale of goods /products /services as stipulated in the contract between the ABO and Direct Selling entity.

G. Unique ID /Track ID:
Means unique identification number issued by the Company to the ABO as token of acceptance of his/her application for Direct Selling of the goods/ products of the Company.

H. Password:
Means unique code allotted to each ABO to allow them to log on to the website of the Company.

I. Website:
Means the official website of Company i.e www.adkenglobal.com

THE APPOINTMENT AND UNDERSTANDING:
The Company upon scrutiny and verification of the Application may register the Applicant as “ABO” for Selling the goods/ products/Services of the Company. The Company shall be at liberty to accept or reject the application at its discretion. The ABO shall enjoy the following privileges:- 1. Incentive for effecting sale of goods /products/Services of the Company as per marketing plan. 2. No territorial restriction to sale the goods/products/Services. 3. Search and inspect his account on website of the Company through password awarded by the Company. 4. Earnings of the ABO shall be in proportion to the volume of performance by the ABO either by his personal efforts or through team as stipulated in the marketing plan of the Company. An individual, upon appending his signature at the bottom of these presents, shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after scrutiny of the application, he shall become the ABO of the Company. Allotment of password and ID shall be construed as registration as ABO.

The applicant hereby covenants that as under:
i) That he has clearly understood the marketing methods/plan, the compensation plan, its limitations and conditions. He agrees that he is not relying upon any misrepresentation/s or fraudulent inducement or assurance that is not set out in terms and conditions or other officially printed or published materials of the Company.
ii) Relation between the Company and the ABO shall be governed, in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The ABO further confirms that he has read and understood the terms & conditions carefully and agrees to be bound by them.
iii) ABO shall act as a freelancer and shall not commit any misfeasance or malfeasance to create any liability/obligation on the Company.
iv) It is made and understood in very clear terms that ABO is not an Agent, Employee nor an authorized representative of the Company or its service providers. He is not authorized to receive/accept any amount/payment for and behalf of the Company and any payment received by him will not be deemed to be received by the Company.
v) ABO, hereby declare that all the information furnished by him is true and correct. Company shall be at liberty to take any action against the ABO in the event, it is discovered that the ABO furnished any wrong/false information to the Company.

GENERAL TERMS:
The Company may appoint any person for Collection/distribution services. ABO is required to visit the Company’s official website from time to time to get such appointment and avail facilities make payment and collect valid receipt and products from its outlet/collection centre. The ABO will be eligible for income, as per the volume of sale of Products/services/Business done by him, subject to the eligibility norms formulated by the Company from time to time. The Company does not guarantee/assure any particular or income to the ABO. Track ID has to be quoted by the ABO for all his/her transactions and correspondence with the Company. The track ID once chosen cannot be altered at any point of time. No communication will be entertained without unique ID and password. ABO shall preserve the ID and Password properly as it is “must” for logging on to website. Commission/income to the ABO shall be subjected to statutory deductions as applicable. The Company reserves its right to withheld/block/suspend the ABO in the event the ABO fails to provide any details as desired by the Company from time to time including but not limited to Pan card details.
ABO undertakes to adhere for policies, procedures, rules and regulations formed by the Company. The ABO shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other ABO and their clients. Company reserves the rights to modify the terms and conditions, products, plan, business and policies at anytime without notice. Modification shall be published through the official website of the Company and such modification/amendment shall be applicable and binding upon the ABO from the date of such notification. In case of death of ABO either his nominee or one of the legal heir with consent of all the legal heirs may join the Company as ABO in place of the deceased provided he applies in prescribed form and undertakes to abide all rules and regulations, terms and conditions etc. in the same manner as that of original ABO. In case of failure to arrival at such consent within six months from the date of death of the ABO, No one has the right to claim for the earnings generated on that id after six months. For this period the Company will keep his ID in abeyance. If any ABO loses his contractual capacity due to any reason such as lunacy, bankruptcy or sentenced to imprisonment or any other legal embargo is created, his ABO shall be continued through the person duly appointed by the competent Court. ABO shall have to follow all statutory laws, rules and regulations in operation of their ADKEN GLOBAL MARKETING PVT LTD business. ABO shall not engage in any deceptive of unlawful trade practice as defined Statute. ABO shall not manipulate the ADKEN GLOBAL MARKETING PVT LTD marketing plan or product's rate, BV, PV etc., in any way. ABO shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company without any authority from the Company. ABO or any other person under him is strictly prohibited to use Promotional Material, other than the developed and authorized by the Company. ABO shall not use the ADKEN GLOBAL MARKETING PVT LTD trademark, logotype and design anywhere without written permission from the Company. Said permission can be withdrawn at any time by the Company. All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of ABO for meetings and seminars conducted by ABO.

PROHIBITIONS:
1. ABO shall not engage in any activities of Multi Level Marketing of any other Company/person. If it is found then such ABO shall be terminated.
2. ABO 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.
3. The ABO 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 ABO of the Company.

COOLING OFF PERIOD:
Any ABO of the company can cancel participation in the company within 30 days of free registration in company. ABO will receive full refund for goods or services purchased if any.

BUY BACK POLICY:
any ABO can return the product 30 days from the invoice date as per Return Policy of the company.

RETURN POLICY:
any ABO of company can return all the products which are not used .please note that all products should be in salable condition.

PROMOTION OF PRODUCTS:
Promotion of any product is prohibited by ABO on any social media without written permission from the management of the company. However if company promotes its products/Testimonials on any social media that may include face book, twitter, LinkedIn, Google..Etc. or any other digital marketing tools.ABO can participate in any such promotional activity run by the company and may be compensated for the such participation, and solely dependent on company decision.

DUTY AND CONFIDENTIALITY:
Parties shall keep and maintain secrecy and confidentiality about the information for which they are obliged and expected to keep secret and not disclose anybody other than the persons to whom is reasonably expected to be disclosed.

SPECIAL CONDITIONS:
Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and condition in any manner it deems fit and shall be communicated through official website or other mode as the Company deems fit and proper. If any ABO does not agree to such amendment, he may terminate his agreement within 45 days of such publication by giving a written notice to the Company. Without any objection to such modifications /alterations, if ABO continues his activities, it will be deemed that he has accepted all modifications and amendments in the terms & conditions for future.

TERMINATION:
where a direct seller is found to have made no sales of goods or services for a period of up to two years since the contract was entered into, or since the date of the last sale made by the direct seller. Intimation letter may be given to the ABO in physical or electronic mail. ABO can reply to the Notice (physical OR email) within 7 days of receipt of Notice.

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 and / or State), Local Authority etc.

RECOURSE AND LEGAL APPLICABILITY:
The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Disputes, either civil or criminal in natural, shall be subject to the exclusive jurisdiction of the courts in Mohali, Punjab only and nowhere else. a) If any dispute or difference arises out of or in relation to these presents, the same shall be referred to sole arbitrator appointed by the Company. ABO shall not raise any objection, in case the Arbitrator so appointed any manner whatsoever. Arbitration shall be conducted as per “Arbitration and conciliation Act, 1996” as amended from time to time. Venue of such Arbitration shall be in Mohali Punjab and the language shall be English.

ADKEN GLOBAL MARKETING PVT LTD liability, whether in contract, tort or otherwise arising out of or in connection with the agreement and/or relationship arising there from shall not exceed a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the parties or
b) The average commission earned by the ABO during preceding six months of the date of dispute.

Solemnly affirm and declare as follows:
That I have read and understood the terms and conditions for appointment of ABO of the Company.
1. 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 aABO on my own volition.
2. I declare that I have not been given any assurance or promise or inducement by the Company or its Directors or any of the management or my sponsor in regard to any fixed income incentive, prize or benefit on account of the products purchased by me.
3. I have clearly understood that eligibility of income exclusively depends on my performance in business volume as from terms & conditions. I further agree that company reserves the right to change the Business Plan at any point of time without prior notice.
4. I undertake not to misguide or induce dishonestly anybody to join the Company.
5. I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product as Consumer/to do the ABO activities. I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company. I also declare that at present any other ABO ship Identity [ID] is not activated in my name.

Disclaimer:- Our product statements have not been evaluated by the Food and Drug Administration & are not intended to diagnose, treat, cure, or prevent any disease.