That in the relation of Product selling, The Distributor hereby covenants that as under:
1. That the Distributor shall make proper canvassing for the sale of the products in all over India and for his purpose, the company and Sales Team/Group shall assist the Distributor.
2. That company will not provide any establishment/office expenses, business running expenses etc. in relation to maintain an owned office for the Distributor.
3. That Distributor covenants with the Company that it will exclusively engage in the sale of the company' products and tie-up product and shall not indulge in the sale of similar/identical products and that it shall protect and preserve the patents and trademark of the company’s products.
4. That Unique Identification Number has to be quoted by the Distributor in all his/her transactions and correspondence with the Company. The Unique Identification Number once chosen cannot be altered at any point of time.
5. That No communication will be entertained without a Unique Identification Number and password. Distributor shall preserve the Unique Identification Number and Password properly as it is a must for logging on to the website.
6. That the Company reserves its right to withheld/block/suspend the Distributor in the event the Distributor fails to provide any details as desired by the Company from time to time like Pan Card details, KYC etc.
7. That the Distributor shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Distributor and other clients also.
8. That the Distributor shall be abide with policies, procedures, rules and regulations of the company and All privileges laws, rules and regulation and direction and guideline issued by the state and central Government of India from time to time.
9. That the Company reserves the rights to modify the terms and conditions, products, plan, business and policies with/without giving prior notice. Such notice may be published through the official website of the Company, and any such modification/amendment shall be applicable and binding unto the Distributor from the date of such notice.
10. That the Distributor shall comply with all state and central government and local governing body laws, regulations and codes that apply to the operation of their 4Square Herbals Private Limited business. Distributor must not engage in any deceptive of unlawful trade practice as defined by any central, state or local law or regulation.
11. That the Distributor shall not manipulate the 4SQUARE HERBALS PVT LTD marketing plan or product's rate, Point volume/ Sales Point/ Business volume etc., in any way and Distributor shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company otherwise than for authorization for the same.
12. That the Distributor shall be liable to produce/show/explain the marketing/sales/trading plan of the company to the customer as it as he is received.
13. That the Distributor 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.
14. That the Distributor shall not use the 4SQUARE HERBALS PVT LTD trademark, logotype and design anywhere without written permission from the Company. This permission can be withdrawn at any time by the Company.
15. That all the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Distributor for meetings and seminars conducted by Distributor.
16. That No another Distributor code shall be issued on the same Pan Card.
17. The Distributor is agreed and authorized to the company to create his/her Sales and purchases books of accounts stating the details of the products, price, tax, and the quantity and such other details in respect of the goods sold by him/her, in such form as applicable law as mentioned in the sub-clause 5 of the clause 5- Certain obligation of Distributors. In this relation the company shall be authorized to deduct the charges from the incentive of the Distributor for prepare of such accounts on behalf of the Distributor.
18. The Distributor 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.
19. Relation between the Company and the Distributor shall be governed, in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The Distributor further confirms that he has read and understood the terms & conditions carefully and agrees to be bound by them.
20. Distributor shall act as a freelancer and shall not commit any misfeasance or malfeasance to create any liability/obligation on the Company.
21. It is made and understood in very clear terms that Distributor 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.
22. Distributor, hereby declare that all the information furnished by him are true and correct. Company shall be at liberty to take any action against the Distributor in the event, it is discovered that the Distributor furnished any wrong/false information to the Company.
23. Distributor is required to visit the Company’s official website from time to time to get regular updated done by company if any.
24. The Distributor will be eligible for facilitation fees or income, as per the volume of sale of Products/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 fixed facilitation fees or income to the Distributor.
25. Distributor ID has to be quoted by the Distributor for all his/her transactions and correspondence with the Company. The Distributor ID once chosen cannot be altered at any point of time.
26. No communication will be entertained without Distributor ID and password. Distributor shall preserve the ID and Password properly as it is "must" for logging on to website.
27. Commission/income to the Distributor shall be subjected to statutory deductions as applicable.
28. The Company reserves its right to withheld/block/suspend the Distributor in the event the Distributor fails to provide any details as desired by the Company from time to time.
29. Processing charges and any other applicable charges will be deducted as per the Company's norms.
30. Distributor undertakes to adhere for to policies, procedures, rules and regulations formed by the Company.
31. The Distributor shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Distributor and their clients.
32. Company reserves the right to modify the terms and conditions, products, plan, business and policies at any time without notice. Modification shall be published through the official website of the Company and such modification/amendment shall be applicable and binding upon the Distributor from the date of such notification.
33. In case of death of Distributor either his nominee or one of the legal heirs with consent of all the legal heirs may join the Company as Distributor 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 Distributor. In case of failure to arrive at such consent within six months from the date of death of the Seller, the Company shall be at liberty to terminate the ID. For this period the Company will keep his ID in abeyance.
34. If any Director Seller loses his contractual capacity due to any reason such as lunacy, bankruptcy or sentenced to imprisonment or any other legal embargo is created, his Distributor ship shall be continued through the person duly appointed by the competent Court.
35. Distributor shall have to follow all statutory laws, rules and regulations in operation of their business. Distributor shall not engage in any deceptive of unlawful trade practice.
36. Distributor shall not manipulate the 4Square Herbals Private Limited marketing plan or product's rate, P.V. /B.V. etc., in any way.
37. Distributor shall not send, transmit or otherwise communicate any messages to anybody on behalf of the Company without any authority from the Company.
38. Distributor or any other person under him is strictly prohibited to use Promotional Material, other than the developed and authorized by the Company.
39. Distributor shall not use the 4Square Herbals Private Limited trademark, logotype and design anywhere without written permission from the Company. Said permission can be withdrawn at any time by the Company.
40. All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Distributor for meetings and seminars conducted by Distributor.
41. SMS ALERTS- The Distributor agrees to receive the SMS Alerts from the Company on Mobile N0. Mentioned/ quoted above and will not object even if they are received despite of DND activated. Distributor Shall Intimate the Change in mobile no. (If Any)