|TL AGRI Pvt. Ltd. is proprietary Company, its Head
Office : TopLife House, Behind Octroi Naka, Shewalewadi, Hadapsar,Pune, Maharashtra, Ph : 020-32407156. Hereinafter referred to as ‘’Company’’, has been incorporated with the primary/main objective of marketing all types of products. The Company also desires to show it’s gratitude to people who join the Company (hereinafter referred to as “PD”) and who trust in the quality and service offered and keeping them in mind. The Company has designed a BUSINESS PLAN, based on the principle of Multi Level / Network Marketing, hereinafter referred to as “MLM” or “NWM”. The Named PD shall in writing agree to become the PD on the terms and conditions agreed to between the parties set our more specifically hereinafter.
- Nature of the Agreement : The Parties hereby agree that the PD is not an agent, employee, partner, shareholder of any other legal representative of the Company and has no authority to bind the Company by entering into any agreement on it’s behalf. The PD shall be solely responsible for the payment of such taxes as may be applicable to the PD. It is further agreed that the PD shall act according to the Business Plan provided to him by the Company from time to time and in no other capacity or manner. Based on the said Business Plan, the PD shall be paid an Incentive as consideration for acting in the said capacity. The entire cost of marketing the Product of the Company in the capacity of the PD will be borne by the PD and the Company shall not share any of the expenses incurred the PD.
- Liability of Company : The PD understands and agrees as follows
- All advertisements of the Product marketed by the Company, will be the sole right and responsibility of the Company and that the PD is prohibited from indulging in any activity to solicit business to solicit business for the Company, including oral, visual, virtual or written communication in any form as prescribed in the Business Plan of the Company. The PD is not authorized to use own stationery and must use stationery supplied by the Company. The PD must use only the promotional material of the company & not print his own material.
- The Company will not be liable for any statement or representation made by the PD, which is not substantiated by the Business Plan provided by Company to the PD
- The sales of the Product shall be sole right of the Company and the Price shall be paid by the prospective PD directly to the company.
- The PD understands clearly that the processing fees will be deducted every time when the incentive will be released.
- The PD agrees that under no circumstances will the Price once paid. be refunded by the Company.
- The PD will not use or disclose to any Third Party, any Proprietary information provided to him by Company for any other purpose except that specified in the Business Plan.
- The PD will not copy. add. alter, amend or deface the Trade Mark or Trade Name of the Company for any other purpose except to market the Product of the Company according to the Business Plan.
- Upon death or incapacity of the PD, PD’ s legal rights to Incentive and capacity, together with responsibilities will pass on to PD’ s nominee according to the application form filled by the said PD, if consented to in writing by the Company. The aforesaid consent will be at the sole discretion of the Company and if such consent is not given, the agreement between the Company and the PD will lapse on the death on the death of the PD.
- Incentive Cheques will be prepared in favor of the PD payable to his account as mentioned in the application form.
- The Product Cost, the Price, the Down line network sales per steps and the incentive payments (As given the Business Plan) are subject to change at the sole discretion of the Company.
- The incentive payment will be made from the total amount kept aside for distribution on a pro-rata basis but will not be more than the amount mentioned in the Business Plan (for every step.)
- The PD agrees that position of the PD network is non-transferable, non-saleable.
- The parties agree that the PD shall not be treated as employee of the company for the purpose of labour laws and shall not claim ESI, Provident Fund, Gratuity or any other benefits, Workmen’s Compensation and such other allied labour laws.
- Indemnity : PD agrees to indemnify and hold harmless TOPLIFE its officers, agents and directors, against any claim, demand, liability, loss, cost or expense, including but not limited to, attorney’s fees, arising or alleged to arise in connection with that PD or any PD’s business.
- Refund : without prejudice to the specific events mentioned anywhere else in this agreement, if due to any reason this agreement is terminated prematurely, no refund will be given of any money received by company towards the Price paid by the PD.
- Renewal : On the expiry on the present agreement (i.e. one year from the date of signing the same) the same may be renewed by mutual consent of the parties and on such terms and conditions as may be agreed between the parties at the time of such renewal.
- Conduct of PD : In the conduct of PD’ s business, the TOPLIFE Business Advisor shall safe guard and promote the sale of the products of TOPLIFE and shall refrain from all conduct which might be harmful to the reputation of the Company or to the marketing of TOPLIFE products that are inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct practices.
- Confidentiality : TOPLIFE shall supply data processing information canceling the TOPLIFE Business Advisor only through the official website of the Company from time to time, which shall provide information and reports to the TOPLIFE Business Advisor’s personal group sales organization and product purchase. The TOPLIFE Business Advisor agrees that such information is proprietary and confidential to TOPLIFE and is transmitted to the TOPLIFE Business Advisor in confidence. The TOPLIFE Business Advisor agree that PD shall not disclose such information to any third party either directly or indirectly, nor use the information to compete with TOPLIFE directly, whether during subsistence of this agreement or afterwards. The PD and TOPLIFE agrees that, but for this agreements of confidential and non-disclosure, TOPLIFE would not provide the above information to the TOPLIFE Business Advisor.
- Arbitration : Any dispute arising out of or related to the terms and conditions of this Agreement as well as the conduct of the parties here to shall be referred to the sole arbitration of one arbitrator to be appointed by the Company. The venue of arbitration in any such dispute shall be Pune, Maharashtra.
- Entire Agreement : The Business Plan of the Company and the Rules and Regulations as amended from time to time and any addendum as displayed in the www.toplifehealthcare.in of the company and all such documents constitute the entire agreement of the parties regarding their business relationship.
- Force Majors : Neither Party shall be liable for any loss or damage of nature incurred as a result of any failures or delays in performance due to any cause or circumstances beyond it’s control. This includes, but not by way of limitations, any failure or delays in performance caused any fire act of God, or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws, orders or policies of any governmental authority.
- Right to Modify Terms / Conditions & Products : The Company reserves right to change, reform add to, subtract from, modify or either any of the terms & conditions or rules and regulations, and / or revise or modify the existing plans or formulate new plans as well as system of administration etc. in its sole discretion without any prior notice or intimation.