Excellent India Marketing Pvt. Ltd.) is a specialized products / services marketing company, (herein after reffered to as company). And is actively engaged in sales promotion efforts of the products / services of various companies through its network of highly motivated independent Representatives.
Any individual can become a independent Representatives of the company's marketing programme, subject to acceptance of his application by the company. The company recognizes the independent Representatives on the first entered original application as completed, dated and signed by the applicant and entered into the records of the company It is clearly understood that, the payment by the independent Representatives is towards the purchase of the product / services offered by the company Any person, who is ownerd with the company and is participating in the marketing programme, will be called as an independent Representatives and he / she shall be considered as an independent distributor. The relationship cannot be defined as that of principal agent The independent Representatives are required to actively market the products / services offered by the company, strictly in terms of the sales policies announced by the company from time to time. The independent Representatives are expected to make best efforts to promote the business of the company. The company requires each and every independent Representatives to comply with all applicable law, regulations and ordinances. The members themselves shall be held responsible for any violation of the same.
The independent Representatives are expected to use best efforts to promote the business of the company by providing bonafide supervision and training of down the line Representatives and so on. This should include on going contacts, communications, encouragement and support
To take any services from the company participating in a marketing / promotional plan is totally optional. Applicant applying for the services given by the company and for the participation in marketing plan will be considered as a Representatives after receiving full payment as per the requisite fees. This only does not assure acceptance to the services given by the company and the marketing plan. The company reserves the right to refuse the acceptance to the services of the company and the marketing plan.
The company does not allow / authorize any Independant Representatives (IR) to make any other promise to a prospective independent distributor. If any applicant relies on any promise made by a Representatives trying to recruit him / her, that are not in terms and conditions / official company material, and if that recruiting independent Representatives fails to keep any such promises, the applicant shall only have recourse against such recruiting independent Representatives and not the company, but in written complaints, advisory panel of the company will conduct a thorough investigation and upon validation of such complaints, appropriate penelties will be imposed on the offending independent Representatives.
Independent Representatives will have no authority to bind the company in any obligations. Relationship between the applicant and the company will only be established after the acceptance of the application form as per the clause. Independent Representatives is not an agent, employee or any other legal representative of the company or its service provider. Independent Representatives / applicant is solely responsible for local or other taxes that may be due as a result of inependent Representatives's business activity. Any owner of the company including independent Representatives agrees to abide by national, state, local laws or rules and regulations
Independent Representatives shall be liable fully for all taxes, statutory duties, levies etc. that may be imposed on him / her. All payments to independent Representatives shall be subject to deduction of tax at source as applicable. Independent Representatives agrees that the company has the complete right from time to time to change compensation plans, rates, prices, registration fees, service charges and any other fees to be levied or terms and conditions to be applicable to all the independent Representatives for the betterment and growth of the programme.
Any independent Representatives understands that although he / she may refer other Representatives to the programme and earn, but the company does not make any promises or guarantee that the independent Representatives will derive any specific income or profit as an independent Representatives. Independent Representatives understands that any income he / she earns through the company is determined by his / her personal efforts and activities as an independent Representatives
The company would not entertain any kind of refund in regards to the association fee paid by an IR under any circumstances what so ever. In case of eventuality / death of any IR, the associationship is transferred to the name of the nominee
It is understood that you are joining the company after understanding all the terms and conditions of the membership and getting ownerd to it at your own will and are not being simply lured by any one due to the business income options only
In regards to change in name of the applicant, the company reserves the right of making any such change under any circumstances what so ever
The Independent Representatives shall hand over all the money payable by way of purchasing products / availing services, or as advance from the new independent Representatives to the company or authorized centers of the company. The company shall not be responsible for remittance made to any other place or to any independent Representatives
That the terms and conditions, policies and procedures and commitments are subject to force majure circumstances and reason beyond the reach of the company. The company shall not be responsible for interruption in its services by act of any national calamities like floods, fire, cyclones, typhoons, hurricanes, storm, earthquakes or circumstances beyond its control like computer failure / break-downs, strikes, lock-outs etc.
It is clearly understood that, the cash payments made by the applicant to any of the company's franchisees shall not be considered, untill and unless it reaches the company.
Termination
The company may terminate the independent Representatives without prior intimation on the following grounds:
If an independent Representatives violates any of the terms and conditions as may be applicable from time to time.
If found any statement and / or information made in the application to be false.
If any independent Representatives uses the company premises / venues to represent any other networking company
The right of a terminated independent Representatives to recieve compensations (in whatever form) from the company, ceases immediately from the date of termination
If an Independent Representatives makes any misrepresentation / false promise to anybody or mis-conducts himself or herself.
Any Independent Representative represent any other network marketing comapny
Disputes
Any dispute arising out of this agreement or in relation to the agreement shall be reffered to a single arbitrator to be appointed by the company in terms of the Arbitration And Conciliation Act, 1996. An Independent Representatives shall not raise any objection on the ground that the arbitrator so appointed is a person in employment or in association with the company in any capacity.
All disputes shall be subjected to Gwalior jurisdiction only.