Direct Seller Contract Agreement

A legally binding agreement that defines the rights, responsibilities, and terms of association between the company and its direct sellers.

This agreement is agreed andaccepted electronically &online by and between theexecuting parties (Hereinafter mentioned and referred to as Direct Sellerand the Direct SellingEntity which expressions shall meanand include their respective legal heirs, assigns, successors, administrators,and undertakers).

Be known that this Contract agreement is executed and entered into in accordance with the provisions of India Contract Act and Consumer Protection (Direct Selling) Rules, 2021 (Hereinafter referred to as the Rules)

Whereas the Direct Sellerhas voluntarily out of his/her ownaccord, sweet will and without any coercion whatsoever, mental, or physical, offered to join the Direct Selling Networkbusiness of the Direct SellingEntity namedM/s Freelance Tech Academy (OPC) Private Limitedalso referred as “Freelance” (Registered under the Companies Act, 2013)having headoffice at - 1st Floor Plot No-B-5 Karmnev Tower, Vibhuti Khand, Gomti Nagar, Lucknow, 226010

And whereas the Freelanceis engaged in “Direct Selling business” which means marketing, distribution and sale of goods or providing of services through a network of Direct Seller as per its prescribed Marketing Plan (Which may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity) not falling under the pyramidor Money circulation scheme.

And whereas the Freelanceis engaged in “Direct Selling business” which means marketing, distribution and sale of goods or providing of services through a network of Direct Seller as per its prescribed Marketing Plan (Which may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity) not falling under the pyramidor Money circulation scheme.

Andwhereas the Direct Sellernamed below along with his/her KYCparticulars therein has, after being explained all the provisions ofthe saidFreelanceMarketing Plan, product details and thepresent E-contract Agreementin the vernacular language known to him by Shri___________________ID No._______________, duly ascertained and satisfied by visiting theFreelance’s website www.freelancetechacademy.com,has voluntarily offeredto join the business of the Freelanceandresolved to enter into this E-contract agreement, hence this deed.

DEFINITION:

In this Contract
  1. "Direct Seller(s)" means a person authorized by a Direct Sellingentity through a legally enforceable written contract to undertake Direct Selling business on principal-to-principal basis.
  2. “Direct SellingEntity” means the principal entity which sells or offer to sell goods or services through Direct Seller, but does not include an entity which is engaged in a pyramid scheme or money circulation scheme.
  3. “Network of Sellers” means a network of Direct Sellerformed by a Direct Sellingentity to sell goods or services for the purpose of receiving consideration solely from such sale.
NOW THEREFORE THIS DEED AGREEMENTS AS UNDER:
  1. The Direct Sellingentity hereby agrees that it is fully compliant to the Consumer Protection Act, 2019, Consumer Protection (Direct Selling) Rules, 2021, E-commerce Rules, 2020 and all other Rules and laws applicable to an Indian Direct SellingEntity.
  2. The Direct Sellingentity assuresand the Direct Selleragrees:
    1. That this E-contract agreement has no provisionthat a Direct Sellerwill receive remuneration or incentive for therecruitment/enrolment only of new participants.
    2. That it does not require a participant topurchase goods or services for an amount that exceeds the amount forwhich such goods or services can be expected to be sold or resold toconsumers.
    3. That it does not require a participant to payany entry /registration fee / subscription fee, cost of sales demonstration equipment andmaterials or other fees relating to participation in the Freelance’s Direct Selling business.
    4. That it has ascertainedfrom the Marketing Planprovided by the Freelance(The same maybe read as part and parcel of this E-contract agreement as the same is not being reproduced here for the sake of brevity), thestipulated amount of any or all types of Incentives, rewards, etc. including financial and non-financialbenefits payable to the Direct Sellerare calculated only and onlyon the basis of effective sale, marketing and distribution of products/servicesand in no way on the basis of recruiting/sponsoring/introducing anotherDirect Seller.
  3. Cooling Off Policy:
    1. That the Freelance allows or provides to the Direct Sellerherein a reasonable cooling off period in accordance with clause 3 (b) of the Rules,of the said Rules undertake to provide a newly registered Direct Sellera cooling off period of30 days effective from the date of signing and execution of the contract agreement by him/her while registering as Direct Sellerwith us wherein the said Direct Sellercan cancel the contract agreement without resulting in any breach of contract or levy of penalty.
    2. That if such Direct Sellerreceive any form of compensation from the Freelance during this Cooling Off period, they are obligated to repay the corresponding amount to the Freelance. This repayment should be accompanied by a formal repudiation letter. The repayment can be made through methods like cash, cheque, demand draft (DD), NEFT, RTGS, and so on.
    3. That if the Freelance collects any fees, which may include training fees, franchise fees, fees for promotional materials, or any other fees, and if the Direct Sellerdecides to return all goods received at the time of joining, they have the entitlement to receive those fees back from the Freelance. In this scenario, the Freelance bears the responsibility of reimbursing these fees. This reimbursement will be made to the Direct Sellerthrough methods like cash, cheque, demand draft (DD), NEFT, RTGS, or Net Banking. Applicable taxes such as TDS and GST will be adjusted, and the repayment will be accompanied by an appropriate repudiation letter.
    4. Buyback Policy:The Freelance provides buyback guarantee to every Direct Selleras per the refund/return/buyback policy of the company.
  4. The Freelance commits to offering a best quality for the products/services it sells. Direct Sellerhas the option to request an exchange or return of a product/servicesas per their exchange or return policywhich may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity.
  5. That the Direct Sellerherein agrees that the Freelance has established a “Grievance RedressalMechanism” for Direct Sellerto redress theirgrievances and complaints, annexed herewith which may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity.
  6. That the applicant Direct Sellerherein agrees that he / she has attained the minimum age of 18 years or 21 years in the state of Maharashtra and he / she shall knowingly sponsor any person under the age of 18 years or 21 years in the state of Maharashtra.
  7. The Freelance explicitly states that it does not ask, encourage, or seek any potential individuals, known as prospects or future Direct Seller, to invest any money in any way to join its Direct Selling business. However, the Direct Selleris responsible for covering the costs of the product/services they buy. It is important to note that there is no provision stating that the Direct Sellerwill earn money from recruiting other participants. Instead, the compensation the Direct Sellerreceives solely comes from the sales, marketing, and distribution of product/services. This compensation aligns with the Freelance Marketing Plan outlined by the Freelance. The Direct Selleragrees to abide by the terms of this agreement in its entirety, following the guidelines and principles set by the Direct Sellingentity.
  8. That the Freelance will provide all support to the Direct Sellerin delivery of the product/servicesthrough its official website for maintaining effective support system.
  9. That by accepting the offer of the Direct Sellerherein the Freelancerequireshim/ her to do andcomplete the following steps. AnIndividual/ Firm/entityeligible to enter into a contract as per the provisions of the IndianContract Act, 1872 and wish to becomea Direct Sellerof the Direct Sellingbusiness of the Freelance herein, can apply to become a Direct Sellerfor marketing and selling of Freelance’s product/serviceson pan India basis, in prescribed form through online method.
    1. Fill the application form online and upload scanned KYC documents.
    2. Accept the terms andcondition of this E-contract agreement byclicking on “I AGREE” button below.
    3. On the completion of the above process, the Direct Sellercantake a printout of this agreement.
    4. Upon the execution of this agreementand after the verification of all the KYC documentsuploaded through the above process,the applicant shall be accepted as a Direct Sellerof the Freelance’s businessand aUnique Identification number and password shall beallotted to the applicant, to allow him / her to log on to access his/ her own personal account maintained by the Direct SellingEntity on its website.
    5. That the Direct Selleris required to upload the following self-attested documents within30 daysstarting from the date of signingthis Agreement. The acceptance of the terms of this agreement is confirmed by clicking the “I AGREE” button at the bottom of this document.
    6. That the Freelance upon scrutiny and verification of theApplicationand KYC particularsuploaded by the Direct Sellermay re-consider its decision and rejectthe application.The Direct Selleracknowledges and accepts this possibility. The Freelanceholds the exclusive authority and freedom to decline the issuance of unique ID number, if the KYC and other documents are determined to be unsatisfactory, altered, counterfeit or not in accordance with the Government’s stipulated guidelines for this specific purpose.
    7. That the KYC shall include but not limited to verified proof ofaddress, proof of identity, and PAN as per the provisions of the Income Tax Act, 1961, as follows, duly issued bythe Government of India or a State/UT government.
      1. Aadhaar Card
      2. Voter ID Card
      3. Passport
      4. Ration card
      5. Any other identity document issued by the State/UT or centralgovernment which can be verified online.
      6. Additional Documents required for Applicant in case of a company or firm:
        1. CIN or Registration Certificate, MOA &AOA, or Partnership Deed, as the case may be;
        2. PAN, GSTIN, FSSAI (wherever applicable)
        3. List of Directors / Partners of the applicant entity
        4. Board Resolution / Authorization in favor of the Director / Partner signing and executing this E-Contract agreement and Application.
  10. The Direct Sellerherein declares that he/ she / they has/have not been declared a bankrupt by a competent court of law as provided under clause (3) of section 79 of the Insolvency and Bankruptcy Code, 2016 and that he/she is neither of unsound mind nor convicted by any court of law in preceding five years” of the date of joining the Direct Sellingentity’s business herein.
  11. The Direct Sellerherein agrees that he/she shall take appropriate steps to ensure the protection of all sensitive personal information provided by the consumer with the applicable laws for the time being in force and ensure adequate safeguards to prevent access to, or misuse of, data by unauthorized persons.
  12. The Direct Sellerherein agrees that he/she shall not visit a consumer’s premises without identity card and prior appointment or approval.
  13. Scope of the Work:
    1. That the Direct Sellershall market, distributeandsell theproduct/services of the Freelance using word of mouth publicity, displayanddemonstration of the product/services, distribution ofpamphlets, and door to door sellingto consumers and prospective Direct Seller.
    2. That the Freelance shall be exclusive owner of the name and logo ofthe Freelance.The Direct Sellershall not use the trademark, logotype and design anywhere without prior writtenpermission from the Freelance. This permission, if given, can bewithdrawn at any time by the Freelance. Violations if any, shall be termed as violation of this agreement and may result in termination of this agreement and Direct Seller of the Direct Seller, penal actions under the prevailing Intellectual Property Rights (IPR) laws and Rules at the sole discretion of the entity herein to which the Direct Sellerherein agrees.
    3. That the Direct Sellershall not manipulate, alter, amend, add, or delete any provisions of the Freelance herein Freelance Marketing Plan, pricing of products, BV etc., in any way whatsoeverand shallnot send, transmit, or otherwise communicate any messages to anybody on behalf of the Freelance, contrary to Freelance’s policies, principles, instructions and prescriptions without prior written authorization and permission for the sameby the Freelance.
    4. That the Direct Sellerwill get specified percentage /points-based (BV Points) Incentivespertaining to the sales for sellingthe Freelance’s products under this E-contract Agreement.
    5. The Freelance commits to providing the Direct Sellerwith comprehensive instruction books, catalogs, and pamphlets to assist in promoting sales, marketing, and distribution. Additionally, the Freelance will ensure that mandatory orientation training is provided to the Direct Seller.
    6. That the Freelance shall issue photo identity cards to Direct Seller. This photo identity card shall be returned by the Direct Sellerto the Freelance at the expiry/termination/revocation of thisagreement and/or shall be destroyed but shall not be misused in any way or form whatsoever. The identity card shall contain theName & Unique ID number of the Direct Seller.
    7. The identity card provided by the Freelance to the Direct Sellerdoes not establish an employee – employer, service, or salaried relationship between the Freelance and the Direct Seller.
    8. TheDirect Sellerwill not be authorized to collect any type of cash/cheque/demanddraftin his own name, on behalf of the Freelance. All cheques/demand draftsetc. should be drawn in the name ofthe Freelance only andthe same should be deposited with the Freelance’s office orother offices as may be specified by the Freelance, within 24 hours of the time of receipt. Direct Sellershall hold the said cash collection/cheque/DD in trust for andon behalf of the Freelance. Upon failure to deposit the said cashcollection/cheque/ DD, Direct Sellershall be liable to paydamages/compensationand Mesne-profit, if any. The receipt/invoice issued by theFreelanceonly would be valid documentary evidence in the hand of theconsumer. It means Direct Sellerwould not be authorized to issue anyreceipt/invoice on behalf of the Freelance.
    9. That the Freelance may open following facilities for sale of its products:
      i. Online Portal/ E-commerce
      ii. Stores (Retail Outlets)
      iii. Authorized Sales Point / Pickup Center
    10. That aDirect Selleris not authorized to sell any product of the Freelance herein one-commerce platform/marketplace, without prior written consent, permission, or authorization of the entity hereinthe Direct Selleris also prohibited from listing, marketing,advertising, promoting, discussing, or sellingany product, or thebusiness opportunity on any website or online forum that offers auction as a mode of Selling.
    11. That a Direct Seller and their legal representatives, including spouse, son, unmarried daughter, or husband, shall not be permitted to enroll under a different sponsor or misrepresent facts to the company at any time during the validity of this agreement. In the event that a Direct Seller is found engaging in such conduct, the company reserves the right to terminate the Direct Seller’s ID as well as the IDs of the aforementioned legal heirs. The company also reserves the right to initiate any other appropriate legal action, as deemed necessary.
  14. 14. Sales Incentives/Commission Structure or other Benefit:
    The Direct Sellershallbe eligible for the following financial incentives and/or privileges:
    1. Incentives on the sales, marketing, and distribution of product and/or services by the Direct Sellerand his/her team or network of Direct Seller, as per the Freelance Marketing Planof the entity herein, annexed herewith but not being reproduced here for the sake of brevity.
    2. Direct Sellerhas the authorization to market, sell,and distributeproduct/services offered by the Freelanceacross all regions of India. There are no territorial restrictions or limitsimposed on the sale of these products.
    3. He/she can always check and inspect his/her account on theFreelance’s website by using his/her Unique ID and Password allotted tohim/her by the Freelance.
    4. That the Freelance reserves the right to restrict the list ofproducts for a particular area / region.
    5. Changes in pricing, government regulations, market influences, and other factors might force the Freelance to change its Marketing plan. The decision of the Freelance regarding these changes will be final and binding. Whenever such changes occur, they will be communicated through notifications posted on the website. These notifications will hold legal significance and will apply to all the Direct Seller. However, if any Direct Sellerdisagrees with and does not wish to be bound by these changes, they have the option to terminate this agreement within 30 days of such notification. To do so, the Direct Sellermust provide a written notice expressing their objections to the Freelance. If a Direct Sellercontinues their involvement in the Direct Selling business without submitting objections, it will be presumed that they have accepted all modification and amendments to the terms and conditions for future activities.
    6. That all payments and transactions shall be valued in India Rupees (INR).
    7. That the Freelance does not guarantee/assure / promise or offer any facilitation feesor any amount or quantum of income whatsoever to the Direct Selleron account of becoming a Direct Sellerof the Freelance.
    8. That Sales Incentivesto the Direct Sellershallbe subject to all statutory deductions as applicable like TDS etc.
    9. That Sales Incentive accrued and paid to the Direct Seller is inclusive of all taxes.
  15. That the Freelance shall provide accurate and complete informationto prospective and existing Direct Sellerconcerning the reasonableamount of earning opportunity and related rights and obligations.
  16. That Freelancedoes not require a Direct Sellerto maintain an office or establishment in furtherance of his/her entrepreneurship and if a Direct Sellerdoes so then he / she himself/herself will be responsible to bear such expenses and the Freelance will in no way be responsible to refund or reimburse the same.
  17. That Direct Selleragrees with the Freelance that he / she willsolely focus on Sellingproduct/services offered by the Freelanceandwill refrain from sellingproduct/services that are similar or identical to those of any other company or brand.
  18. That Unique Identification Number will have to be quoted by theDirect Sellerin all his/her transactions and correspondence with theFreelance. The Unique Identification Number once allotted cannot bealtered at any point of time. That no communication will beentertained without Unique Identification Number and password. Direct Sellershall preserve the Unique Identification Number andPasswordproperly as it is must for logging on to the website of the entity herein.
  19. That the Direct Sellershall be faithful to the Freelanceand shalluphold the integrity and decorum to the Freelanceand shall maintaingood relations with anotherDirect Selleralso.
  20. The Direct Selleris required to adhere to the policies, procedures, rules, and regulations established by the Freelance. Additionally, they must comply with all applicable laws, rules, regulations, directives, and mandates issued by the Government of India, State Governments, Local bodies, Court of Law, and local administrations. Furthermore, the Direct Sellermust refrain from engaging in any deceptive or unlawful trade practices, including Mis-Selling or unfair trade practices as outlined in clause 3 (f, g, and i), as defined in the Direct Selling Rules, 2021, and clauses 2(1), (18), (20), (41) to (43), and (47) of the Consumer Protection Act, 2019. In the event that the Direct Seller does engage in such activities, they will bear full responsibility for the consequences and outcomes thereof.
  21. The Direct Sellerhas a responsibility to present, display, explain the Freelance Marketing Plan to potential prospects exactly as they received it from the Freelance. If the Direct Sellingentity observes that the Direct Selleris functioning in a manner that goes against the stipulated guidelines or authorization of the Freelance, the entity holds the exclusive authority to either terminate the Direct Seller’s involvement or restrict their participation in the business, regardless of whether a show cause notice is provided or not.
  22. The Freelance holds the authority to make changes to the terms & conditions, product/services, Freelance MarketingPlan, and policies, whether with or without prior notice. Such notifications may be communicated through the official website of the Direct SellingEntity. Any modifications or amendments will come into effect and be binding for the Direct Sellerstarting from the date of the respective notice.
  23. That the Direct Selleris personally liable for delivery of goods to its customers. He is also liable to collect products from where it reaches last by the transporter/courier.
  24. That the Direct Selleris prohibited from mentioning / posting / telecasting any inappropriate or defaming content about the Freelance, its products, etc. in any social media platforms. If he / she does any act in contravention to this clause, then this contract agreement will be deemed terminated and the Freelance reserves rights to initiate appropriate legal action against him / her.
  25. That only one Direct Seller code shall be issued on one PAN Card.
  26. That the Direct Sellerhereby undertakes not to compel or induceor misleadany person with any false statement /promise to purchaseproducts from the Freelance or to become Direct Seller.
  27. All statutory changes will be in force with immediate effect or as per the law prescribed.
  28. The Direct Selleragrees and grants authorization to the Freelance to generate their sales and purchase records, which will include information about products, prices, taxes, quantities, and other details related to the items they have sold. These records will be created in accordance with the applicable laws and regulations.
  29. The Direct Sellingentity bears the responsibility for ensuring the quality of products and services that the Direct Sellersells. Additionally, the Freelance is obligated to provide guidance to the Direct Sellerto uphold the best practices that safeguard consumer interests. This guidance should be provided within the legal and ethical boundaries. If a Direct Sellerchooses to operate outside the established policies and guidance of the Freelance, they will be held individually accountable for all their actions related to the sales of products and services.
  30. Any notices or communications directed to the Direct Sellerregistered address, provided E-mail ID and mobile number mentioned in the registration form, whether sent through registered post, courier service, E-mail, or WhatsApp message, will be considered as officially delivered to the intended recipient. However, it is strongly recommended that Direct Sellerpromptly informs the Freelance of any alterations to their address, E-mail ID, or mobile number. Failing to do so will render any claims of non-delivery by the Direct Sellerinvalid under any circumstances.
  31. The term of this E-contract agreement is at will, subject to earlier termination in accordance with this E-contract agreement or in accordance with law. If this E-Contract Agreement is terminated for any reason whatsoever, the Direct Sellerunderstands that his / her right to sell the product/servicesand receiving incentives with respect of his/her activities as a Direct Sellerwill cease immediately. Freelance reserves the right to terminate this E-contract agreement if any condition(s) of this E-Contract Agreement are violated by a Direct Seller.
  32. Limitation of Action: If a Direct Sellerwishes to bring any grievance to the notice of the Freelance he can do so as per the “Grievance Redressal Mechanism” annexed to this agreement may be read as part and parcel of this agreement as the same is not being reproduced here for the sake of brevity.
  33. Indemnification: That the Direct Selleragrees to protect, defend, indemnify,andholdharmless Freelanceand its employees, officers, directors, agents, orrepresentatives from and against any and all liabilities, damages,fines, penalties,and costs (including legal costs and disbursements)arising from or relating to:
    1. Any breach of any statute, regulation, direction, orders, orstandards notified byany governmental body, agency, or regulator applicableto the Direct Seller including payment and deposit of taxes; on account of Income tax, GST, Trade tax, Professional Tax, whenever applicable and shall obtain necessary registrations/licenses whenever applicable and required under law.
    2. Any breach of the terms and conditions of this E-contract agreement by the Direct Seller,
    3. Any claim of any infringement of any intellectual property rightor any other right of any third party or of law by theDirect Seller;or
    4. Against all matters of embezzlement, misappropriation ormisapplications of collection/moneys which may from time to timeduring the continuance of the Agreement come into his/her /itspossession /control.
  34. Relationship: The Direct Selleracknowledges that they function as an independently owned business entity. This Agreement does not establish them as an employee, associate, agent, or legal representative of the Freelance for any purpose. The Direct Sellerhas no explicit or implicit authorization or authority to take on obligations on behalf of the Freelance or to act in any way that would legally bind the entity. If a Direct Sellerbreaches this provision in any manner, they will be held accountable for all types of consequences, including financial, statutory, civil, or criminal implications.
  35. Liability: Except for the provisions stated in this Agreement, the Freelance holds no liability towards the Direct Sellerfor terminating this Agreement for any reason. This includes claims for loss or profit or any claims related to expenditures, investments, leases, capital investments, or other commitments undertaken by the other party in connection with the business, which were made based on or due to this Agreement.
  36. Suspension, Revocation or Termination of this E-contract agreement:
    1. That the Freelance reservesthe right to suspend the operation of this E-contract agreement, at any time, dueto change in its own license conditions or upon directions from thecompetent government authorities. In such a situation, Freelance shallnot be responsible for any damage or loss caused or arisen out ofaforesaid action.
    2. If the Direct Sellerbreaches any of the terms outlined in this agreement, which they have previously accepted, the Freelance reserves the right to act. Without diminishing other possible remedies, the entity can issue a written notice with a one-month notice period. This notice will request the Direct Sellerto provide a written explanation for their actions. If the explanation is not provided or is deemed inadequate based on standard business norms, the Freelance holds the authority to suspend, block or terminate the Direct Seller’s participation in the business. Consequently, the Direct Seller’s commissions will be discontinued.
    3. That the Direct Seller may terminate this agreement at any time by giving a written notice of30 days to the Freelance at the head office of the Freelance.
  37. Actions pursuant to Suspension/Blocking/Termination of this E-contract agreement: That notwithstanding any other rights and remedies provided elsewherein the agreement, upon termination of this agreement:
    1. The Direct Sellershall not represent the Freelance in any of its dealings.
    2. The Direct Seller shall not intentionally or otherwise commit anyact(s) as would keep a third party to believe that the Freelance isstill having Direct Selling agreement with the Direct Seller.
    3. The Direct Sellershall stop using the Freelance’s name, trademark,logo, etc., in any audio or visual form.
    4. All obligationsand liabilities of such Direct Sellerto theFreelance existing on the date having accrued during the validity ofthis Agreement will have to be fulfilled, met,and satisfied by the Direct Sellerin every manner whatsoever.
  38. Governing Laws and Regulations
    That this Agreements shall be governed by the provisions of theIndian Contract Act, 1872, the Consumer Protection Act, 2019, Consumer Protection (DirectSelling}Rules, 2021 or other laws of the land.
  39. Dispute Settlement: The Direct Sellerherein agrees and accepts that the remedial action available to him/herin the event of any interpretation of any question of law,dispute or difference arising under this agreement or in connectionthere-with (except as to the matters, the decision to which isspecifically provided under this agreement), the same shall beas under:
    1. As per the Grievance Redressal Mechanism offered by theFreelance herein and forming part of this contract agreement, any dispute or difference arising out of or in connection with this Direct Seller/Direct Seller Agreement shall first be attempted to be resolved through mutual discussions within 30 (thirty) days of such dispute arising. In the event the Direct Seller/Direct Seller is not satisfied with the decision of the Freelance or if any issue raised remains unresolved for more than two months, the matter shall be referred to the Grievance Redressal Committee constituted by the Freelance.
    2. Disputes, if any, remaining unresolved even after reference to the Grievance Redressal Committee, shall be finally resolved through binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at Lucknow, Uttar Pradesh and the decision of the Arbitrator shall be final and binding on all parties. Subject to the foregoing, the courts at Lucknow, Uttar Pradeshshall have exclusive jurisdiction over matters arising out of or in relation to this agreement.
  40. Force- Majeure: That if at any time, during the continuance of this agreement, theperformance in whole or in part, by the Freelance, of any obligationunder this is prevented or delayed, by reason of war, or hostility,acts of the public enemy, civic commotion, sabotage, Act of State ordirection from Statutory Authority, explosion, epidemic, quarantinerestriction, strikes and lockouts, fire, floods, naturalcalamities/disaster or any act of God (hereinafter referred to asevent), neither party shall, by reason of such event, be entitled toterminate this agreement, nor shall either party have any such claimsfor damages against the other, in respect of such non-performance ordelay in performance. Provided that the services under this agreementshall be resumed as soon as practicable, after such event comes to anend or ceases to exist.
  41. The Direct Seller herebyagrees as under:
    1. That he/she has clearly understood the terms and conditions, as well as the Marketing Planof the Freelance, along with it associated its limitations andprovisions. He/she confirms that he / she is not relying upon any representation or promises that arenot set out in this E-contract agreement.
    2. That their association with the Freelance and all their undertakings as outlined in this agreement shall be regulated, in conjunction with this agreement, by the regulations and processes specified in the Freelance Marketing Plan accessible on the company website. The Direct Sellervalidates that they have either read through these documents or they have been read to them in a language they understand. He / she thereby agrees to be legally bound by the provisions stipulated in this agreement.
    3. That he / she will function as an independententity and will refrain from engaging in any actions that could result in misfeasance or malfeasance, causing liabilities or obligations of any kind upon the company.
    4. That all the information provided to the Freelance is accurate and truthful. The Freelance holds the sole right and freedom to take appropriate action against him / her if it is discovered that the information furnished to the Freelance was incorrect or false.
    5. That any violation of the terms and conditions outlined in this agreement can lead to the termination of this agreement, as per the procedures detailed within.
    6. That I am the individual concerned and am fully aware of the facts stated above. I voluntarily agree to be designated as a Direct Selleracross India, in accordance with the terms and conditions contained within this agreement.
    7. That I have carefully read and understood the terms and conditions concerning the appointment of a Direct Sellerby the company. I have also reviewed the company's official website, printed materials, brochures, and am convinced about the business. I am submitting my application to be appointed as a Direct Sellerbased on my personal choice.
    8. That I commit to adhering to the policies, procedures, rules, and regulations established by the Company. I confirm that I have read, been explained, and fully comprehended the content of the document outlining the policies and procedures for the appointment of a Direct Seller.

IN TOKEN OF HIS/HER AGREEING TOAND ACCEPTING ALL PROVISIONS OF THIS CONTRACT AGREEMENT SETHEREINABOVE, HE/SHEIS CLICKING ON THE “I AGREE” BUTTONGIVEN HEREIN.

I AGREE& ACCEPT

Name: __________________________________________________ S/O Shri.: ________________________________________
Bank A/C No.: ______________________________________________ IFSC Code: __________________________________
Resident of: _____________________________________________________________________________
Pin Code: ______________________________________
State: _________________________________________
Pan No.: _______________________________________
Aadhar No.: ____________________________________
Name of the Bank & Branch: _____________________________________________________

I AGREE& ACCEPT

NODAL OFFICER

M/S: ___________________________________________________________
Address:_________________________________________________________
Mob no.: ________________________________________________________
E mail: _________________________________________________________