This Agreement ("Agreement") is made and entered into as of July 3, 2024 by and between SAFAL ENTERPRISES, an Indian corporation with its principal place of business at Manakpur Thakurdas near railway crossing Kalka Pinjore, Panchkula Haryana ("Becho bhi unit of SAFAL ENTERPRISES"), and you, the individual agreeing to these terms ("Distributor"). WHEREAS, Company is engaged in the multi-level marketing of high-quality Clothing products ("Clothes"); and WHEREAS, Distributor desires to become an independent Distributor of the Products and participate in Company's marketing program. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Products
1.1 Company shall provide Distributors with the opportunity to purchase Products for resale to customers.
1.2 A detailed description of the Products, including pricing and return policies, is available on Company's website or through separate documentation provided to Distributors.
1.3. Distributors are solely responsible for ensuring they comply with all applicable laws and regulations related to the sale and marketing of the Products.
2. Compensation Plan
2.1 Company offers a performance-based compensation plan. Distributors earn commissions on the sale of Products to their customers and may also earn bonuses based on the sales volume of their downline Distributors (individuals they recruit).
2.2 A detailed description of the compensation plan, including commission rates, bonuses, and qualification requirements, is available on Company's website or through separate documentation provided to Distributors.
2.3 The Company reserves the right to modify the compensation plan at any time, with reasonable notice provided to Distributors.
3. Distributor Responsibilities
3.1 Distributors are independent contractors and are not employees of the Company.
3.2 Distributors are responsible for promoting and selling Products to customers, following all Company policies and procedures.
3.3 Distributors are required to purchase and maintain a minimum inventory level of Products, as established by the Company.
3.4 Distributors are responsible for complying with all applicable laws and regulations related to their business activities as a Distributor.
3.5 Distributors will not engage in any misleading or deceptive marketing practices.
3.6 Distributors will not make any income claims that are not substantiated by Company.
4. Company Responsibilities
4.1 Company will provide Distributors with training and support materials to assist them in selling Products and building their downline.
4.2 Company will offer customer service and product support to Distributors and their customers.
4.3 Company will comply with all applicable laws and regulations related to multi-level marketing.
5. Term and Termination
5.1 This Agreement will commence on the Effective Date and will remain in effect until terminated by either party upon written notice.
5.2 The Company may terminate this Agreement immediately for any breach of this Agreement by the Distributor.
5.3 Upon termination of this Agreement, Distributor's right to sell Products and participate in the compensation plan will cease.
6. Disclaimer of Warranties
COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR THE COMPENSATION PLAN, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE TO DISTRIBUTOR OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES, OR OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Independent Contractor
Distributor is an independent contractor and not an employee of the Company. Distributor is solely responsible for all taxes and other assessments arising out of its activities as a Distributor.
9. Dispute Resolution
Any dispute arising out of or relating to this Agreement will be settled by [ARBITRATION/MEDIATION] in accordance with the rules of [ARBITRATION/MEDIATION ASSOCIATION] and will be held in Panchkula.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Amendment
This Agreement may be amended only by a written agreement signed by both parties.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of India.
13. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.
14. Binding Effect
This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
**BY SIGNING BELOW, DISTRIBUTOR ACKNOWLEDGES THAT