This instrument is hereafter referred to as the agreement executed between Applicant and Company. The Company is engaged in the business of Direct Selling and other business activities as stated in the object clauses of the Memorandum and Articles of Association of the Company. The Company authorizes Business Associates across the country for the marketing and sale of its Products and Services. An individual (Indian Citizen only) intending to become a business associate can apply for the same in the prescribed application form of the Company.
There is no fee or charge for becoming a Business associate of the Company.
The applicant must be 18 years of age or above.
The Company exclusively uses its website to display the details of the products, marketing methods, and business monitoring. It also uses verbal publicity to promote its business. For smooth running, simplifying, keeping transparent, prevention of fraudulent practices, and betterment of the business of Direct Selling, the Company has framed certain rules and regulations, marketing plan, terms, and conditions, etc. These terms and conditions are construed by model guidelines on direct selling issued by the Govt. of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, New Delhi vide F. No. J-10/9/2018-CPU Dated 28 Dec. 2021
WHEREAS the applicant has gone through the Company's official website and read printed documents, and brochures including stipulated terms and conditions for becoming a Direct Seller.
The Company and Business Associates have clearly understood and agreed to abide by the terms and conditions as laid down herein at the time of agreement.
NOW, THIS AGREEMENT OF DIRECT SELLING WITNESSES IS AS FOLLOWS:
1. DEFINITIONS:
The following words used in these presents shall have the meaning as defined here: -
A. Direct Selling
This means marketing, distribution, and sale of goods/products or providing services as a part of a network of Direct Selling.
B. Direct Selling Entity
This means a Company namely M/s ARIHANT SIDDHA BLAZE PRIVATE LIMITED (CIN- U52399RJ2022PTC084021) has its Registered Office on 118, Mansarover Plaza, Madhyam Marg, Mansarover, Jaipur, Rajasthan, India-302020 this running its main business in the name and style of SAFEONBLAZE which sells or offers to sell goods or services through Direct Seller.
C. Direct Seller
This means a person authorized, directly or indirectly, by a Direct Selling Entity through a legally enforceable written contract to undertake direct selling business on a principal-to-principal basis.
D. Consumer
Means a person who purchases goods or hires services for personal use/consumption, not for resale or commercial purposes. It shall have the same meaning as provided under the Consumer Protection Act., of 1986.
E. Goods / Products and Services
Means goods/products as defined in the Sale of Goods Act, of 1930. "Services" Means service as defined in the Consumer Protection Act, of 1986.
F. Cooling-Off Period
This means the duration of time counted from the date when the Business Associates and the Direct Selling Entity enter into an agreement and ending with the date on which the contract is to be performed and within which Business Associates may repudiate the agreement without being subject to penalty for breach of contract.
G. Unique ID/Track ID
Means a Unique Identification Number issued by the Company to the Business Associates token of acceptance for the direct selling of goods/products and services of the Company.
H. Password
This means a unique password awarded to each Business Associate to allow him to log on to the website of the Company.
I. Website
This means the official website of the Company i.e. www.safeonblaze.com.
J. Signature
The words “execution,” “signed,” “signature,” and words of like import in this Agreement shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature
2. THE AUTHORISATION OF BUSINESS ASSOCIATES AND UNDERSTANDING:
A. After submitting an application form to the Company duly signed by the applicant, the Company upon scrutiny and verification of the details submitted by the applicant in the application form may register as a "Direct Seller" and authorize him for selling the goods/products and services of the Company. The Company exclusively reserves the right to accept or reject or decline the application at its discretion without assigning any reason whatsoever.
B. The Business Associates shall enjoy the following privileges: -
I. Incentive for effecting a sale of goods/products and services of the Company as per marketing plan.
II. No territorial restriction to sell the goods/products and services.
III. Search and inspect his/her account on the website of the Company through I.D. and password awarded by the company.
IV. Incentive of the Business Associates shall be in proportion to the Business Volume of the Business Associates either by his efforts or through the team as stipulated in the marketing plan of the Company.
V. Business Associates shall be entitled to a Cooling-off Period of 14 days from the date of execution of the Agreement between Business Associates and the company without any punishable clause.
VI. Business Associates have the option of Buyback or return currently marketable goods and services purchased by him/her within 14 days from the date of purchase at the Direct Seller's request at reasonable terms. The return of the products must be supported with a bill of purchase and such products should not be damaged by any angel. The purchaser should ensure that the quality and condition of the product should be similar to the quality and condition which prevailed at the time of purchase. Such return shall be governed by the return policy published on the website of the Company.
C. An individual, upon appending his/her signature at the bottom of this application form shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after scrutiny of the details submitted by the applicant in the application form, he shall become the Business Associate of the Company. Allotment of password and ID shall be construed as registration as Direct Seller.
D. The applicant hereby covenants that as under: -
I. That he has clearly understood the marketing methods/plan, the compensation plan, its limitations, and its conditions. He/she agrees that he/she is not relying upon any misrepresentation 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 Business Associates shall be governed, in addition to this agreement, by the rules and procedures mentioned in the marketing plan available on the website. The Business Associates further confirms that he/she has read and understood guidelines and terms & conditions carefully and agrees to be bound by them.
III. Business Associates shall act as a freelancer. He shall not commit any misfeasance or malfeasance to create any liability/obligation on the Company of whatsoever nature.
IV. Business Associates shall be responsible for paying all taxes whether direct or indirect including but not limited to income tax, GST, and other taxes chargeable to the Business Association amount earned hereunder. All legal, statutory, financial, and other obligations associated with Direct Seller's business shall be the sole responsibility of the Direct Seller.
V. It is made and understood in very clear terms that Business Associates is not an agent, employee, an authorized representative of the Company or its service provider and shall not be entitled to any employee's benefits. He/she is not authorized to receive/accept any amount/payment for and on behalf of the Company. Any payment/amount received by him/her will not be deemed to be received by the Company and the Company shall take necessary action against such Direct Seller.
VI. Business Associates shall keep a proper book of account stating the details of the sale of products, price, tax, quantity, etc.
VII. Business Associates hereby declare that all the information furnished by him to the Company is true and correct to his/her best of their knowledge and nothing is concealed. The company reserves the right to take any action against the Business Associates in the event it is discovered that the Business Associates furnished any wrong/false information to the Company.
3. GENERAL TERMS:
i. The Company may appoint any person for collection/distribution services. Business Associates are required to visit the Company's official website from time to time to get such appointments and avail of facilities, make payments and collect valid receipts and products/services from its outlet/permanent retail center.
ii. Business Associates shall use his/her best efforts to promote the sale of goods/products and services and maximize them. Business Associates shall also provide reasonable assistance to Company in promotional activities.
iii. The Business Associates will be eligible for remuneration as per the business volume of sale of products and services done by him/her subject to the eligibility of norms formulated by the Company from time to time according to the marketing plan and not in any other form/manner is payable/given.
iv. Track ID has to be quoted by the Business Associates for all his/her transactions and correspondence with the Company. The Track ID once chosen cannot be altered at any point in time.
v. No communication will be entertained without a unique ID and password. Business Associates shall preserve the ID and password properly as it is a "must" for logging on to the website.
vi. incentives to the Business Associates shall be subject to statutory deductions under income tax and other acts as applicable for the time being in force.
vii. The Company reserves the right to withhold/block/suspend the I.D. of the Business Associates in the event of the Business Associate fails to provide any detail as desired by the Company from time to time.
viii. Business Associate undertakes to adhere to policies, procedures, guidelines, and rules & regulations formed by the Company.
ix. The Business Associate shall be faithful to the Company and uphold the integrity and decorum of the Company and shall maintain good relations with other Direct Sellers and his/her clients.
x. Company reserves the right to modify the terms and conditions, Products, Marketing Plan, Business, and other policies at any time without any prior notice. The modification shall be published through the official website of the Company or any other mode as the Company may deem fit and proper and such modification/ alteration and amendments made by the Government from time to time, shall be applicable and binding upon the Business Associates from the date of such modification/alteration.
xi. If any Business Associate loses his contractual capacity due to any reason or in case of the death of the Business Associate either his nominee or one of the legal heirs with consent in writing of all the legal heirs may join the Company as Business Associate in place of incapable or the deceased provided, he executes written agreement and undertakes to abide by all rules and regulations and terms & conditions, etc. in the same manner as that in case of original Direct Seller. In case of failure to arrive at such consent within six months from the incapability or death of the Direct Seller, the Company shall be at liberty to terminate the unique I.D. and for this period the Company will keep his unique ID in abeyance.
xii. Business Associate shall abide by all statutory, central, state, and local body laws, rules and regulations, and guidelines in the operation of the Company's business. Business Associate shall not engage in any deceptive or unlawful trade practices as defined under different statutes.
xiii. Business Associates shall not manipulate the Company's marketing plan, products, services, rate, B.V., etc. in any way.
xiv. Business Associates shall not send, transmit, or otherwise communicate any message to anybody on behalf of the Company without any authority from the Company.
xv. Business Associates or any other person under him is strictly prohibited to use promotional material, other than the developed and authorized by the company.
xvi. Business Associates shall not use the trademark, logotype, and design anywhere without written permission of the Company and the said permission can be withdrawn at any time by the Company.
xvii. Business Associates shall be self-responsible for all arrangements, expenses, and permissions from Central/State Government and local bodies for conducting meetings or seminars.
xviii. Business Associates shall bear the cost and expenses of conducting its business by these terms and conditions. The Company will not entertain any reimbursement on any expense made by the Business associates other than sales incentive earned by the Business Associates per the marketing plan.
xix. Business Associates shall not visit the consumer premises without prior appointment/approval.
xx. Business Associates shall not sell any product for a price exceeding the Maximum Retail Price (M.R.P.)
xxi. Business Associates shall not make a medical claim for the effects arising out of using the products of the Company.
4. PROHIBITIONS/ RESTRICTIONS:
i. Business Associates or his/her relatives (relative means dependent son or daughter, father/mother, spouse) shall not engage in any activities of Multi-Level Marketing of any other Company/Person. If it is found, such Business Associates shall be terminated.
ii. Business Associates are prohibited from listening, marketing, advertising, promoting, discussing, or selling any product or business opportunity on any website or online forum that offers like auction as a mode of selling.
iii. The Business Associates hereby undertakes not to compel or induce or mislead any person with any false statement or promise to purchase products or services from the Company or to become Business Associates of the Company.
5. DUTY AND CONFIDENTIALITY:
Business Associates shall keep and maintain secrecy and confidentiality and shall not disclose secret information to anybody.
6. SPECIAL CONDITIONS:
Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and conditions in any manner or mode as the Company deems fit and proper and shall be communicated through the official website. If any Business Associate does not agree to such modifications/ alterations, he may terminate his agreement within 30 days of such publication by giving written notice to the Company. Without any objection to such modifications/alterations, if Business Associates continues his/her business activities, it will be deemed that he/she has accepted all modifications/alterations for the future.
7. TERMINATION:
The company may terminate this agreement on the ground of any reason which shall not be limited to the following: -
a. On non-compliance with the provisions of the marketing plan and discipline of the Company.
b. For the reason of non-performance with the business activities of the Company.
c. For any unethical or prejudicial work to the interest of the Company.
d. For breach of any term and condition of this agreement and marketing plan.
e. In case the information given by Business Associates is misleading/wrong/false.
f. If he/she is found to be convicted of any offense punishable under the law for the time being in force.
g. If he/she is declared bankrupt/insolvent.
h. If he/she is not mentally sound or physically fit to handle the business.
i. If he/she migrates to another country.
j. Where a Business Associate is found to have made no purchase/sale by himself/herself of goods/products and services for a period of two years since the date of joining as a Business Associate or where there is no purchase/sale of goods/products and services for a period of two years since the date of last purchase/sale made, the company shall have the right to terminate the agreement by giving thirty days’ notice in writing or by electronic means to the Business Associate.
k. Where the Company deems it necessary to terminate the Business Associates in the interest of other Direct Sellers connected with his/her group/team.
The Business Associate may terminate this agreement at any time by giving written notice to the Company.
A. Termination of a Business Associate means termination of.
i. All rights and entitlements as Business Associates of the Company.
ii. Personal information is given on the website
iii. Identification as Business Associates of the Company
iv. Right to go to any Company's office and attend Company's meetings/seminars.
All the Company's trademarks, trade names, data, photographs, literature, sales aids, and all kinds of customer-related databases and any other information generated shall always remain the property of the Company. Within five (5) days after the termination of the Business Associate, he/she shall return all such items to Company. Business Associates shall not make or retain copies of any confidential item or information that may have been entrusted to him/her and upon the termination of a direct seller, he/she shall cease to use all trademarks and trade names of the Company.
8. RENEWAL / AGREEMENT PERIOD:
The business Associate authorization shall continue till the end of twelve months from the date of acceptance of the application by the Company. To continue the authorization as Business Associates of the Company for the next year, the Business Associates shall have to renew his/her authorization on or before the last date of expiry of twelve months. In case of failure in the submission of the renewal application within the stipulated period, the authorization shall be ceased automatically.
The renewal application is available on Company's website in personal information. Business Associates have to apply for renewal through his/her login.
The company reserves the right to refuse any renewal request and can revoke the agreement if, in Company's opinion, the activities of the Business Associates are not in the interest of the Company or the Business Associates have failed to comply with the rules, procedures, guidelines, terms & conditions, etc. during the twelve proceeding months.
The agreement will automatically come to an end in case of non-compliance with renewal formalities.
Duration: This contract shall remain valid and continue to remain in full force unless terminated earlier by either Party with or without cause as given herein below in Clause
9. 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 another natural disaster), war, invasion, the 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), Local Authority, etc.
10. DISPUTE SETTLEMENT AND ARBITRATION:
1. If any dispute or difference arises out of or about this agreement including any question regarding its existence, validity, termination, or terms and conditions, the company and Business Associates shall endeavor to settle through mutual discussions within 30 days of the such dispute arising. In case of dispute or difference is not mutually settled within the period, it shall be referred to the Grievance Redressal Committee of the Company. If Business Associates is not satisfied with the decision of the Grievance Redressal Committee and a dispute or difference is remaining unsolved, the same shall be referred to the sole Arbitrator appointed by the Company by the provisions of Arbitration and conciliation Act, 1996 as amended from time to time. The arbitration proceedings shall be conducted at Jaipur in the state of Rajasthan and the language shall be English. The decision of the Arbitrator will be final and shall have a binding effect on both parties to the agreement.
2. The terms and conditions stipulated in the forgoing paragraphs shall be governed by the law for the time being in force in India. Disputes, either civil or criminal, shall be subject to the court's exclusive jurisdiction in Jaipur (Rajasthan) only.
11. SMS. ALERTS:
The business associate agrees to receive the SMS Alert from the company on Mobile No. mentioned/ quoted above and will not object even if they are received despite DND being activated. Business Associates shall intimate the change in Mobile No. (if any).