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DIRECT SELLER E-CONTRACT AGREEMENT :-<\/span><\/p> Independent Distributor Contract Agreement\u00a0<\/span><\/u><\/b> \u00a0<\/span><\/p> This agreement is agreed and accepted electronically & online\r\nby and between the executing parties (Hereinafter mentioned and referred to as\r\nIndependent Distributor and the Direct Selling Entity which expressions shall\r\nmean and include their respective legal heirs, assigns, successors,\r\nadministrators, and undertakers).\u00a0\u00a0 \u00a0<\/span><\/p> Be known that this Contract agreement is executed and\r\nentered into in accordance with the provisions of India Contract Act and\r\nConsumer Protection (Direct Selling) Rules, 2021 (Hereinafter referred to as\r\nthe Rules) \u00a0<\/span><\/p> Whereas the Independent Distributor has voluntarily out of\r\nhis \/ her own accord, sweet will and without any coercion whatsoever, mental,\r\nor physical, offered to join the Direct Selling business of the Direct\r\nSelling Entity named Rich Rose Marketing Private Limited (Registered under the\r\nCompanies Act, 2013) having head office at 1806, Bhai Bala Colony, Pakhowal\r\nRoad, Ludhiana, Punjab \u2013 142022, India (hereinafter referred to as \u201cRich\r\nRose\u201d). \u00a0<\/span><\/p> And whereas the Rich Rose is engaged in \u201cDirect Selling\r\nbusiness\u201d which means marketing, distribution and sale of goods or providing of\r\nservices through a Direct selling independent\u00a0Distributor as per its prescribed\r\nRich Rose Compensation Plan (Which may be read as part and parcel of this\r\nagreement as the same is not being reproduced here for the sake of brevity) not\r\nfalling under the pyramid or Money circulation scheme. \u00a0<\/span><\/p> And whereas the Independent Distributor, named below along\r\nwith his \/ her KYC particulars therein has, after being explained all the\r\nprovisions of the said Rich Rose Compensation Plan, product details and the\r\npresent E-contract Agreement in the vernacular language known to him by\r\nShri ___________________ ID No. _______________, duly ascertained and satisfied\r\nby visiting the Rich Rose website https:\/\/richrosemarketing.com\/, has\r\nvoluntarily offered to join the business of the Rich Rose and resolved to enter\r\ninto this E-contract agreement, hence this deed. \u00a0<\/span><\/p> DEFINITION:\u00a0\u00a0 In this Contract 1.\u00a0\" Independent Distributor(s)\" means a\r\nperson authorized by a Direct Selling entity through a legally enforceable\r\nwritten contract to undertake Direct Selling business on a principal-to-principal\r\nbasis.\u00a0\u00a0 2.\u00a0\u201cDirect Selling Entity\u201d means the principal entity\r\nthat sells or offers to sell goods or services through Independent\r\nDistributors, but does not include an entity that is engaged in a pyramid\r\nscheme or money circulation scheme. 3.\u00a0\u201cDirect Selling\u201d means a Direct Selling of\u00a0Independent\r\nDistributors formed by a Direct Selling entity to sell goods or services for\r\nthe purpose of receiving consideration solely from such sale. \u00a0<\/span><\/p> NOW THEREFORE THIS DEED AGREEMENT IS AS UNDER: 1.\u00a0The Direct Selling entity hereby agrees that it is\r\nfully compliant with the Consumer Protection Act, 2019, Consumer Protection\r\n(Direct Selling) Rules, 2021, Legal Metrology Act, 2009, E-commerce Rules, 2020\r\nand all other Rules and laws applicable to an Indian Direct Selling Entity. 2.\u00a0The Direct Selling entity assures and the\r\nIndependent Distributors agree: a.\u00a0That this E-contract agreement has no provision that\r\nan Independent Distributor will receive compensation or incentive for the\r\nrecruitment\/enrolment only of new participants.\u00a0\u00a0 b.\u00a0That it does not require a participant to purchase\r\ngoods or services for an amount that exceeds the amount for which such goods or\r\nservices can be expected to be sold or resold to consumers. c.\u00a0That it does not require a participant to pay any\r\nentry\/registration fee\/subscription fee, cost of sales demonstration\r\nequipment and materials or other fees relating to participation in the Rich\r\nRose's Direct Selling business. d.\u00a0That it has ascertained from the Rich Rose\r\nCompensation Plan provided by the Rich Rose (The same may be read as part and\r\nparcel of this E-contract agreement as the same is not being reproduced here\r\nfor the sake of brevity), the stipulated amount of any or all types of\r\nIncentives, rewards, etc. including financial and non-financial benefits\r\npayable to the Independent Distributors are calculated only and only on the\r\nbasis of effective sale, marketing and distribution of products and in no way\r\non the basis of recruiting\/sponsoring\/introducing another Independent\r\nDistributors. 3.\u00a0Cooling Off Policy:\u00a0 a.\u00a0That the Rich Rose allows or provides to the\r\nIndependent Distributors herein a reasonable cooling off period in accordance\r\nwith clause 3 (b) of the Rules, of the said Rules undertake to provide a newly\r\nregistered Independent Distributors a cooling off period of 10 days effective\r\nfrom the date of signing and execution of the contract agreement by him\/her\r\nwhile registering as Independent Distributors with us wherein the said\r\nIndependent Distributors can cancel the contract agreement without resulting in\r\nany breach of contract or levy of penalty. b.\u00a0That if such Independent Distributors receive any\r\nform of compensation from the Rich Rose\u00a0during this Cooling Off period,\r\nthey are obligated to repay the corresponding amount to the Rich Rose. This\r\nrepayment should be accompanied by a formal repudiation letter. The repayment\r\ncan be made through methods like cash, cheque, demand draft (DD), NEFT, RTGS,\r\nand so on. c.\u00a0That if the Rich Rose\u00a0collects any fees, which\r\nmay include training fees, franchise fees, fees for promotional materials, or\r\nany other fees, and if the Independent Distributors decide to return all goods\r\nreceived at the time of joining, they have the entitlement to receive those\r\nfees back from the Rich Rose. In this scenario, the Rich Rose\u00a0bears the\r\nresponsibility of reimbursing these fees. This reimbursement will be made to\r\nthe Independent Distributors through methods like cash, cheque, demand draft\r\n(DD), NEFT, RTGS, or Net Banking. Applicable taxes such as TDS and GST will be\r\nadjusted, and the repayment will be accompanied by an appropriate repudiation\r\nletter. 4.\u00a0Buyback Policy: The Rich Rose\u00a0provides buyback\r\nguarantee to every Independent Distributors on the following terms: a.\u00a0If the product is in marketable* condition and is\r\nreturned within 30 days of receipt of goods accompanied by the original\r\ninvoice, 100% of the amount as a refund will be given. b.\u00a0If the product is in Unmarketable** condition and is\r\nreturned within 30 days of receipt of goods refund value will be assessed by the Returning Officer and appropriate value will be given. c.\u00a0*Marketable* refers to products that are unused,\r\nsealed, undamaged, not expired, not sessional, discontinued, or special\r\npromotional products or services. d.\u00a0**Unmarketable products are those which have been\r\nopened and its seal broken.\u00a0 5.\u00a0The Rich Rose\u00a0commits to offering a warranty\r\nfor the products it sells. Independent Distributors have the option to request\r\nan exchange or return of a product within 30 days of purchase if they identify\r\nany manufacturing defect or if the purchased product is of sub quality. To\r\ninitiate an exchange or refund process, the Independent Distributors should\r\npresent the original invoice, along with their identity proof and address\r\nproof, to Rich Rose. This documentation will be required for verification\r\npurposes. 6.\u00a0That the Independent Distributors herein agree that\r\nthe Rich Rose has established a \u201cGrievance Redressal Mechanism\u201d for Independent\r\nDistributors to redress their grievances and complaints, annexed herewith which\r\nmay be read as part and parcel of this agreement as the same is not being\r\nreproduced here for the sake of brevity. 7.\u00a0That the applicant Independent Distributors herein\r\nagrees that he\/she has attained the minimum age of 18 years or 21 years in\r\nthe state of Maharashtra and he\/she shall knowingly sponsor any person under\r\nthe age of 18 years or 21 years in the state of Maharashtra.\u00a0\u00a0 8.\u00a0The Rich Rose\u00a0explicitly states that it does\r\nnot ask, encourage, or seek any potential individuals, known as prospects or\r\nfuture Independent Distributors, to invest any money in any way to join its\r\nDirect Selling business. However, the Independent Distributors is responsible\r\nfor covering the costs of the products they buy. It is important to note that\r\nthere is no provision stating that the Independent Distributors will earn money\r\nfrom recruiting other participants. Instead, the compensation the Independent\r\nDistributors receive solely comes from the sales, marketing, and distribution\r\nof products. This compensation aligns with the Rich Rose\u00a0Compensation Plan\r\noutlined by the Rich Rose. The Independent Distributors agree to abide by the\r\nterms of this agreement in its entirety, following the guidelines and\r\nprinciples set by the Direct Selling entity. 9. Rich Rose\u00a0will provide all support to\r\nthe Independent Distributors in the delivery of the products through Franchisee \/\r\nPick-up centres \/ Available Couriers \/ Transport or any other Logistics Service to maintain an effective support system.\u00a0 10.\u00a0That by accepting the offer of the Independent\r\nDistributors herein the Rich Rose\u00a0requires him\/her to do and complete\r\nthe following steps. An Individual \/ Firm\/entity eligible to enter into a\r\ncontract as per the provisions of the Indian Contract Act, 1872 and wish to\r\nbecome an Independent Distributor of the Direct Selling business of the Rich\r\nRose\u00a0herein, can apply to become an Independent Distributor for marketing\r\nand selling of Rich Rose\u2019s product on pan India basis, in prescribed form\r\nthrough online method. a.\u00a0Fill out the application form online and upload scanned\r\nKYC documents. b.\u00a0Accept the terms and conditions of this E-contract\r\nagreement by clicking on the \u201cI AGREE\u201d button below. c.\u00a0On the completion of the above process, the\r\nIndependent Distributors can take a printout of this agreement. d.\u00a0Upon the execution of this agreement and after the\r\nverification of all the KYC documents uploaded through the above process, the\r\napplicant shall be accepted as an Independent Distributor of Rich Rose\u2019s\r\nbusiness and a Unique Identification number and password shall be allotted to\r\nthe applicant, to allow him\/her to log on to access his \/ her account maintained by the Direct Selling Entity on its website.\u00a0\u00a0 e.\u00a0That the Independent Distributor is required to\r\nupload the following self-attested documents within 30 days starting from the\r\ndate of signing this Agreement. The acceptance of the terms of this agreement\r\nis confirmed by clicking the \u201cI AGREE\u201d button at the bottom of this\r\ndocument.\u00a0 f.\u00a0That the Rich Rose\u00a0upon scrutiny and\r\nverification of the Application and KYC particulars uploaded by the Independent\r\nDistributor may re-consider its decision and reject the application. The\r\nIndependent Distributor acknowledges and accepts this possibility. The Rich\r\nRose\u00a0holds the exclusive authority and freedom to decline the issuance of a unique ID number, if the KYC and other documents are determined to be\r\nunsatisfactory, altered, counterfeit or not under the Government\u2019s\r\nstipulated guidelines for this specific purpose.\u00a0 g.\u00a0That the KYC shall include but not be limited to\r\nverified proof of address, proof of identity, and PAN as per the provisions of\r\nthe Income Tax Act, 1961, as follows, duly issued by the Government of India or\r\na State \/ UT government.\u00a0\u00a0 i.\u00a0Aadhaar Card ii.\u00a0Voter ID Card iii.\u00a0Passport iv.\u00a0Ration card v.\u00a0Any other identity document issued by the State \/ UT\r\nor central government which can be verified online. vi.\u00a0Additional Documents required for Applicant in case\r\nof a company or firm: 1.\u00a0CIN or Registration Certificate, MOA & AOA, or\r\nPartnership Deed, as the case may be; 2.\u00a0PAN, GSTIN, FSSAI (wherever applicable) 3.\u00a0List of Directors \/ Partners of the applicant entity 4.\u00a0Board Resolution \/ Authorization in favour of the\r\nDirector \/ Partner signing and executing this E-Contract agreement and\r\nApplication. 11.\u00a0The Independent Distributor herein declares that he\/she\/they has\/have not been declared bankrupt by a competent court of\r\nlaw as provided under clause (3) of section 79 of the Insolvency and Bankruptcy\r\nCode, 2016 and that he\/she is neither of unsound mind nor convicted by any\r\ncourt of law in preceding five years\u201d of the date of joining the Direct Selling\r\nentity\u2019s business herein. 12.\u00a0The Independent Distributor herein agrees that he\/she shall take appropriate steps to ensure the protection of all sensitive\r\npersonal information provided by the consumer with the applicable laws for the\r\ntime being in force and ensure adequate safeguards to prevent access to, or\r\nmisuse of, data by unauthorized persons. 13.\u00a0The Independent Distributor herein agrees that he\/she shall not visit a consumer\u2019s premises without an identity card and prior\r\nappointment or approval. 14.\u00a0Scope of the Work: a.\u00a0That the Independent Distributor shall market,\r\ndistribute and sell the products of the Rich Rose\u00a0using word of mouth\r\npublicity, display and demonstration of the products, distribution of\r\npamphlets, and door to door selling to consumers and prospective Independent\r\nDistributors.\u00a0 b.\u00a0That the Rich Rose shall be the exclusive owner of the\r\nname and logo of the Rich Rose. The Independent Distributor shall not use the\r\ntrademark, logo type and design anywhere without prior written permission from\r\nthe Rich Rose. This permission, if given, can be withdrawn at any time by the Rich\r\nRose. Violations if any, shall be termed as violation of this agreement and may\r\nresult in termination of this agreement and Independent Distributorship of the\r\nIndependent Distributor, penal actions under the prevailing Intellectual\r\nProperty Rights (IPR) laws and Rules at the sole discretion of the entity\r\nherein to which the Independent Distributor herein agrees. c.\u00a0That the Independent Distributor shall not\r\nmanipulate, alter, amend, add, or delete any provisions of the Rich Rose herein\r\nRich Rose Compensation Plan, pricing of products, BV etc., in any way\r\nwhatsoever and shall not send, transmit, or otherwise communicate any messages\r\nto anybody on behalf of the Rich Rose, contrary to Rich Rose\u2019s policies,\r\nprinciples, instructions and prescriptions without prior written authorization\r\nand permission for the same by the Rich Rose. d.\u00a0That the Independent Distributor will get specified\r\npercentage \/ points-based (BV Points) Incentives pertaining to the sales for\r\nselling the Rich Rose\u2019s products under this E-contract Agreement. e.\u00a0The Rich Rose commits to providing the Independent\r\nDistributor with comprehensive instruction books, catalogs, and pamphlets to\r\nassist in promoting sales, marketing, and distribution. Additionally, the Rich\r\nRose will ensure that mandatory orientation training is provided to the\r\nIndependent Distributors. f.\u00a0That the Rich Rose shall issue photo identity cards\r\nto Independent Distributor. This photo identity card shall be returned by the\r\nIndependent Distributor to the Rich Rose at the expiry \/ termination \/\r\nrevocation of this agreement and \/ or shall be destroyed but shall not be\r\nmisused in any way or form whatsoever. The identity card shall contain the Name\r\n& Unique ID number (FSSAI Number, if applicable) of the Independent\r\nDistributor. g.\u00a0The identity card provided by the Rich Rose to the\r\nIndependent Distributor does not establish an employee \u2013 employer, service, or\r\nsalaried relationship between the Rich Rose and the Independent Distributor. h.\u00a0The Independent Distributor will not be authorized\r\nto collect any type of cash \/ cheque \/ demand draft in his own name, on behalf\r\nof the Rich Rose. All cheques \/ demand drafts etc. should be drawn in the name\r\nof the Rich Rose only and the same should be deposited with the Rich Rose\u2019s\r\noffice or other offices as may be specified by the Rich Rose, within 24 hours\r\nof the time of receipt. Independent Distributor shall hold the said cash\r\ncollection \/ cheque \/ DD in trust for and on behalf of the Rich Rose. Upon\r\nfailure to deposit the said cash collection \/ cheque \/ DD, Independent\r\nDistributor shall be liable to pay damages \/ compensation and Mesne-profit, if\r\nany. The receipt \/ invoice issued by the Rich Rose only would be valid\r\ndocumentary evidence in the hand of the consumer. It means Independent\r\nDistributor would not be authorized to issue any receipt \/ invoice on behalf of\r\nthe Rich Rose. i.\u00a0That the Rich Rose may open following facilities for\r\nsale of its products: i.\u00a0Online Portal \/ E-commerce ii.\u00a0Stores (Retail Outlets) iii.\u00a0Authorized Sales Point \/ Pickup Center j.\u00a0That an Independent Distributor is not authorized to\r\nsell any product of the Rich Rose herein on e-commerce platform \/ marketplace,\r\nwithout prior written consent, permission, or authorization of the entity\r\nherein the Independent Distributor is also prohibited from listing, marketing,\r\nadvertising, promoting, discussing, or selling any product, or the business\r\nopportunity on any website or online forum that offers auction as a mode of\r\nSelling.\u00a0 15.\u00a0Sales Incentives \/ Commission Structure or other\r\nBenefit: The Independent Distributor shall be eligible for the following\r\nfinancial incentives and \/ or privileges: a.\u00a0Incentives on the sales, marketing, and distribution\r\nof products and \/ or services by the Independent Distributor and his \/ her team\r\nor Direct Selling of Independent Distributor, as per the Rich Rose Compensation Plan\r\nof the entity herein, annexed herewith but not being reproduced here for the\r\nsake of brevity. b.\u00a0Independent Distributor has the authorization to\r\nmarket, sell, and distribute products offered by the Rich Rose across all\r\nregions of India. There are no territorial restrictions or limits imposed on\r\nthe sale of these products.\u00a0 c.\u00a0He \/ she can always check and inspect his \/ her\r\naccount on the Rich Rose\u2019s website by using his \/ her Unique ID and Password\r\nallotted to him \/ her by the Rich Rose. d.\u00a0That the Rich Rose reserves the right to restrict\r\nthe list of products for a particular area \/ region. e.\u00a0Changes in pricing, government regulations, market\r\ninfluences, and other factors might force the Rich Rose to change its\r\nCompensation plan. The decision of the Rich Rose regarding these changes will\r\nbe final and binding. Whenever such changes occur, they will be communicated\r\nthrough notifications posted on the website. These notifications will hold\r\nlegal significance and will apply to all the Independent Distributors. However,\r\nif any Independent Distributor disagrees with and does not wish to be bound by these\r\nchanges, they have the option to terminate this agreement within 30 days of\r\nsuch notification. To do so, the Independent Distributor must provide a written\r\nnotice expressing their objections to the Rich Rose. If an Independent\r\nDistributor continues their involvement in the Direct Selling business without\r\nsubmitting objections, it will be presumed that they have accepted all\r\nmodification and amendments to the terms and conditions for future\r\nactivities.\u00a0 f.\u00a0That all payments and transactions shall be valued\r\nin India Rupees (INR). g.\u00a0That the Rich Rose does not guarantee \/ assure \/\r\npromise or offer any facilitation fees or any amount or quantum of income\r\nwhatsoever to the Independent Distributor on account of becoming an Independent\r\nDistributor of Rich Rose. h.\u00a0That Sales Incentives to the Independent\r\nDistributors shall be subject to all statutory deductions as applicable like\r\nTDS etc.\u00a0 i.\u00a0That Sales Incentive accrued and paid to the\r\nIndependent Distributors is inclusive of all taxes. 16.\u00a0That the Rich Rose shall provide accurate and\r\ncomplete information to prospective and existing Independent Distributors\r\nconcerning the reasonable amount of earning opportunity and related rights and\r\nobligations.
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