10. Acceptance and Application Process:<\/strong><\/p>By accepting the offer of the Independent Distributor, Vesti Exclusives requires the following steps to be completed by an individual, firm, or entity eligible to enter into a contract as per the provisions of the Indian Contract Act, 1872, and wishing to become an Independent Distributor for marketing and selling Vesti Exclusives\u2019 products on a pan-India basis:<\/p>
a. Fill out the application form online and upload scanned KYC documents.<\/p>
b. Accept the terms and conditions of this E-contract agreement by clicking on the \u201cI AGREE\u201d button below.<\/p>
c. After completing the above process, the Independent Distributor can take a printout of this agreement.<\/p>
d. Upon execution of this agreement and verification of all uploaded KYC documents, the applicant will be accepted as an Independent Distributor of Vesti Exclusives\u2019 business, and a Unique Identification number and password will be allotted to the applicant to access their personal account on the Vesti Exclusives website.<\/p>
e. The Independent Distributor is required to upload the following self-attested documents within 30 days from the date of signing this Agreement. Acceptance of the terms of this agreement is confirmed by clicking the \u201cI AGREE\u201d button at the bottom of this document.<\/p>
f. Vesti Exclusives, upon scrutiny and verification of the application and KYC particulars uploaded by the Independent Distributor, may reconsider its decision and reject the application. The Independent Distributor acknowledges and accepts this possibility. Vesti Exclusives holds the exclusive authority to decline the issuance of a unique ID number if the KYC and other documents are found to be unsatisfactory, altered, counterfeit, or not in accordance with government guidelines.<\/p>
g. That the KYC shall include but not limited to verified proof of address, proof of identity, and PAN as per the provisions of the Income Tax Act, 1961, as follows, duly issued by the Government of India or a State \/ UT government.\u00a0\u00a0 <\/p>
i. Aadhaar Card <\/p>
ii. Voter ID Card <\/p>
iii. Passport <\/p>
iv. Ration card <\/p>
v. Any other identity document issued by the State \/ UT or central government which can be verified online. <\/p>
vi. Additional Documents required for Applicant in case of a company or firm: <\/p>
1. CIN or Registration Certificate, MOA & AOA, or Partnership Deed, as the case may be; <\/p>
2 PAN, GSTIN, FSSAI (wherever applicable) <\/p>
3. List of Directors \/ Partners of the applicant entity <\/p>
4. Board Resolution \/ Authorization in favor of the Director \/ Partner signing and executing this E-Contract agreement and Application.<\/p>
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11. The Independent Distributor herein 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\u201d of the date of joining the Direct Selling entity\u2019s business herein. <\/p>
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12. The Independent Distributor herein 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.<\/p>
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13. The Independent Distributor herein agrees that he \/ she shall not visit a consumer\u2019s premises without identity card and prior appointment or approval.<\/p>
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14. Scope of the Work:<\/strong><\/p>a. The Independent Distributor shall market, distribute, and sell the products of Vesti Exclusives using word-of-mouth publicity, display and demonstration of the products, distribution of pamphlets, and door-to-door selling to consumers and prospective Independent Distributors.<\/p>
b. Vesti Exclusives shall be the exclusive owner of the name and logo of Vesti Exclusives. The Independent Distributor shall not use the trademark, logo type, and design anywhere without prior written permission from Vesti Exclusives. This permission, if granted, can be withdrawn at any time by Vesti Exclusives. Any violations shall be considered a breach of this agreement and may result in the termination of this agreement and the Independent Distributorship, with potential penal actions under prevailing Intellectual Property Rights (IPR) laws and rules, at the sole discretion of Vesti Exclusives, to which the Independent Distributor agrees.<\/p>
c. The Independent Distributor shall not manipulate, alter, amend, add, or delete any provisions of the Vesti Exclusives Compensation Plan, pricing of products, BV, etc., in any way whatsoever, and shall not send, transmit, or otherwise communicate any messages on behalf of Vesti Exclusives contrary to Vesti Exclusives\u2019 policies, principles, instructions, and prescriptions without prior written authorization from Vesti Exclusives.<\/p>
d. The Independent Distributor will receive specified percentage or points-based (BV Points) incentives related to sales for selling Vesti Exclusives\u2019 products under this E-contract Agreement.<\/p>
e. Vesti Exclusives commits to providing the Independent Distributor with comprehensive instruction books, catalogs, and pamphlets to assist in promoting sales, marketing, and distribution. Additionally, Vesti Exclusives will ensure that mandatory orientation training is provided to the Independent Distributors.<\/p>
f. Vesti Exclusives shall issue photo identity cards to the Independent Distributor. This photo identity card must be returned to Vesti Exclusives upon the expiry, termination, or revocation of this agreement and\/or must be destroyed, but shall not be misused in any way. The identity card will contain the Name & Unique ID number (FSSAI Number, if applicable) of the Independent Distributor.<\/p>
g. The identity card provided by Vesti Exclusives to the Independent Distributor does not establish an employee-employer, service, or salaried relationship between Vesti Exclusives and the Independent Distributor.<\/p>
h. The Independent Distributor will not be authorized to collect any type of cash, cheque, or demand draft in their own name on behalf of Vesti Exclusives. All cheques, demand drafts, etc., should be drawn in the name of Vesti Exclusives and must be deposited with Vesti Exclusives\u2019 office or other specified offices within 24 hours of receipt. The Independent Distributor shall hold the cash collection, cheque, or DD in trust for Vesti Exclusives. Failure to deposit the cash collection, cheque, or DD will make the Independent Distributor liable to pay damages, compensation, and mesne profit, if any. Only receipts or invoices issued by Vesti Exclusives will be valid documentary evidence in the hands of the consumer. The Independent Distributor is not authorized to issue any receipt or invoice on behalf of Vesti Exclusives.<\/p>
i. That the TDI Glorious Private Limited may open following facilities for sale of its products: <\/p>
i. Online Portal \/ E-commerce <\/p>
ii. Stores (Retail Outlets) <\/p>
iii. Authorized Sales Point \/ Pickup Center <\/p>
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j.<\/strong> The Independent Distributor is not authorized to sell any product of Vesti Exclusives on any e-commerce platform\/marketplace without prior written consent, permission, or authorization from Vesti Exclusives. The Independent Distributor is also prohibited from listing, marketing, advertising, promoting, discussing, or selling any product, or the business opportunity on any website or online forum that offers auction as a mode of selling.<\/p>15. Sales Incentives \/ Commission Structure or other Benefits:<\/strong> The Independent Distributor shall be eligible for the following financial incentives and\/or privileges:<\/p>a. Incentives on the sales, marketing, and distribution of products and\/or services by the Independent Distributor and their team or network of Independent Distributors, as per the Vesti Exclusives Compensation Plan of the entity herein, annexed herewith but not being reproduced here for the sake of brevity.<\/p>
b. The Independent Distributor is authorized to market, sell, and distribute products offered by Vesti Exclusives across all regions of India. There are no territorial restrictions or limits imposed on the sale of these products.<\/p>
c. The Independent Distributor can always check and inspect their account on Vesti Exclusives\u2019 website by using their Unique ID and Password allotted by Vesti Exclusives.<\/p>
d. Vesti Exclusives reserves the right to restrict the list of products for a particular area\/region.<\/p>
e. Changes in pricing, government regulations, market influences, and other factors might force Vesti Exclusives to change its Compensation Plan. The decision of Vesti Exclusives 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 Independent Distributors. If an Independent Distributor disagrees 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 Independent Distributor must provide a written notice expressing their objections to Vesti Exclusives. If an Independent Distributor continues their involvement in the Direct Selling business without submitting objections, it will be presumed that they have accepted all modifications and amendments to the terms and conditions for future activities.<\/p>
f. All payments and transactions shall be valued in Indian Rupees (INR).<\/p>
g. Vesti Exclusives does not guarantee, assure, promise, or offer any facilitation fees or any amount or quantum of income whatsoever to the Independent Distributor on account of becoming an Independent Distributor of Vesti Exclusives.<\/p>
h. Sales Incentives to the Independent Distributors shall be subject to all statutory deductions as applicable, such as TDS, etc.<\/p>
i. Sales Incentives accrued and paid to the Independent Distributors are inclusive of all taxes.<\/p>
16.<\/strong> Vesti Exclusives shall provide accurate and complete information to prospective and existing Independent Distributors concerning the reasonable amount of earning opportunity and related rights and obligations.<\/p>17.<\/strong> Vesti Exclusives does not require an Independent Distributor to maintain an office or establishment in furtherance of their entrepreneurship, and if an Independent Distributor does so, they will be solely responsible for such expenses. Vesti Exclusives will not be responsible for refunding or reimbursing these expenses.<\/p>18.<\/strong> The Independent Distributor agrees with Vesti Exclusives that they will solely focus on selling products offered by Vesti Exclusives and will refrain from selling products that are similar or identical to those of any other company or brand.<\/p>19.<\/strong> The Unique Identification Number must be quoted by the Independent Distributor in all transactions and correspondence with Vesti Exclusives. The Unique Identification Number, once allotted, cannot be altered at any time. No communication will be entertained without the Unique Identification Number and password. The Independent Distributor shall preserve the Unique Identification Number and Password properly, as they are necessary for logging on to the website of Vesti Exclusives.<\/p>20.<\/strong> The Independent Distributor shall be faithful to Vesti Exclusives and shall uphold the integrity and decorum of Vesti Exclusives, and shall maintain good relations with other Independent Distributors.<\/p>21.<\/strong> The Independent Distributor is required to adhere to the policies, procedures, rules, and regulations established by Vesti Exclusives. 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 Independent Distributor must 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 4(43), and (47) of the Consumer Protection Act, 2019. In the event that the Independent Distributor engages in such activities, they will bear full responsibility for the consequences and outcomes thereof.<\/p>22.<\/strong> The Independent Distributor has a responsibility to present, display, and explain the Vesti Exclusives Compensation Plan to potential prospects exactly as received from Vesti Exclusives. If Vesti Exclusives observes that the Independent Distributor is functioning in a manner that goes against the stipulated guidelines or authorization of Vesti Exclusives, the entity holds the exclusive authority to either terminate the Independent Distributor\u2019s involvement or restrict their participation in the business, regardless of whether a show cause notice is provided or not.<\/p>23.<\/strong> Vesti Exclusives holds the authority to make changes to the terms & conditions, products, Vesti Exclusives Compensation Plan, and policies, whether with or without prior notice. Such notifications may be communicated through the official website of Vesti Exclusives. Any modifications or amendments will come into effect and be binding for the Independent Distributors starting from the date of the respective notice.<\/p>24.<\/strong> The Independent Distributor is personally liable for the delivery of goods to their customers. They are also responsible for collecting products from where they reach last by the transporter\/courier.<\/p>25.<\/strong> The Independent Distributor is prohibited from mentioning, posting, or telecasting any inappropriate or defamatory content about Vesti Exclusives, its products, etc., on any social media platforms. If the Independent Distributor engages in such actions, this contract agreement will be deemed terminated, and Vesti Exclusives reserves the right to initiate appropriate legal action against them.<\/p>26. That only one Independent Distributorship code shall be issued on one PAN Card.<\/p>
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27. That the Independent Distributor hereby undertakes not to compel or induce or mislead any person with any false statement \/ promise to purchase products from the TDI Glorious Private Limited or to become Independent Distributor.<\/p>
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28. All statutory changes will be in force with immediate effect or as per the law prescribed.<\/p>
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29. The Independent Distributor agrees and grants authorization to the TDI Glorious Private Limited 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.<\/p>
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30. The Direct Selling entity bears the responsibility for ensuring the quality of products and services that the Independent Distributor sells. Additionally, the TDI Glorious Private Limited is obligated to provide guidance to the Independent Distributors to uphold the best practices that safeguard consumer interests. This guidance should be provided within the legal and ethical boundaries. If an Independent Distributor chooses to operate outside the established policies and guidance of the TDI Glorious Private Limited, they will be held individually accountable for all their actions related to the sales of products and services.<\/p>
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31. Any notices or communications directed to the Independent Distributor\u2019s registered 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 Independent Distributor promptly informs the TDI Glorious Private Limited 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 Independent Distributor invalid under any circumstances.<\/p>
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32. 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 Independent Distributor understands that his \/ her right to sell the products and receiving incentives with respect of his \/ her activities as an Independent Distributor will cease immediately. TDI Glorious Private Limited reserves the right to terminate this E-contract agreement if any condition(s) of this E-Contract Agreement are violated by an Independent Distributor.\u00a0<\/p>
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33. Limitation of Action: If an Independent Distributors wishes to bring any grievance to the notice of the TDI Glorious Private Limited he can do so as per the \u201cGrievance Redressal Mechanism\u201d 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.\u00a0 \u00a0\u00a0<\/p>
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34. Indemnification: That the Independent Distributor agrees to protect, defend, indemnify, and hold harmless TDI Glorious Private Limited and its employees, officers, directors, agents, or representatives from and against any and all liabilities, damages, fines, penalties, and costs (including legal costs and disbursements) arising from or relating to:<\/p>
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a. Any breach of any statute, regulation, direction, orders, or standards notified by any governmental body, agency, or regulator applicable to the Independent Distributor 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.<\/p>
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b. Any breach of the terms and conditions of this E-contract agreement by the<\/p>
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Independent Distributor,<\/p>
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c. Any claim of any infringement of any intellectual property right or any other right of any third party or of law by the Independent Distributor; or<\/p>
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d. Against all matters of embezzlement, misappropriation or misapplications of collection \/ moneys which may from time to time during the continuance of the Agreement come into his \/ her \/ its possession \/ control.<\/p>
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35. Relationship: The Independent Distributor acknowledges 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 TDI Glorious Private Limited for any purpose. The Independent Distributor has no explicit or implicit authorization or authority to take on obligations on behalf of the TDI Glorious Private Limited or to act in any way that would legally bind the entity. If an Independent Distributor breaches this provision in any manner, they will be held accountable for all types of consequences, including financial, statutory, civil, or criminal implications.<\/p>
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36. Liability: Except for the provisions stated in this Agreement, the TDI Glorious Private Limited holds no liability towards the Independent Distributor for 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.\u00a0<\/p>
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37. Suspension, Revocation or Termination of this E-contract agreement:<\/p>
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a. That the TDI Glorious Private Limited reserves the right to suspend the operation of this E-contract agreement, at any time, due to change in its own license conditions or upon directions from the competent government authorities. In such a situation, TDI Glorious Private Limited shall not be responsible for any damage or loss caused or arisen out of aforesaid action.<\/p>
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b. If the Independent Distributor breaches any of the terms outlined in this agreement, which they have previously accepted, the TDI Glorious Private Limited 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 Independent Distributor to provide a written explanation for their actions. If the explanation is not provided or is deemed inadequate based on standard business norms, the TDI Glorious Private Limited holds the authority to suspend, block or terminate the Independent Distributor\u2019s participation in the business. Consequently, the Independent Distributor\u2019s commissions will be discontinued.<\/p>
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c. That the Independent Distributor may terminate this agreement at any time by giving a written notice of 30 days to the TDI Glorious Private Limited at the head office address of the TDI Glorious Private Limited.<\/p>
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38. Actions pursuant to Suspension \/ Blocking \/ Termination of this E-contract agreement: That notwithstanding any other rights and remedies provided elsewhere in the agreement, upon termination of this agreement:<\/p>
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a. The Independent Distributor shall not represent the TDI Glorious Private Limited in any of its dealings.<\/p>
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b. The Independent Distributor shall not intentionally or otherwise commit any act(s) as would keep a third party to believe that the TDI Glorious Private Limited is still having Direct Selling agreement with the Independent Distributor.<\/p>
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c. The Independent Distributor shall stop using the TDI Glorious Private Limited\u2019s name, trademark, logo, etc., in any audio or visual form.<\/p>
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d. All obligations and liabilities of such Independent Distributors to the TDI Glorious Private Limited existing on the date having accrued during the validity of this Agreement will have to be fulfilled, met, and satisfied by the Independent Distributors in every manner whatsoever.\u00a0<\/p>
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39. Governing Laws and Regulations<\/p>
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a. That this Agreements shall be governed by the provisions of the Indian Contract Act, 1872, the Consumer Protection Act, 2019, Consumer Protection (Direct Selling} Rules, 2021 or other laws of the land.\u00a0\u00a0<\/p>
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40. Dispute Settlement: The Independent Distributor herein agrees and accepts that the remedial action available to him \/ her in the event of any interpretation of any question of law, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be as under:<\/p>
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a. As per the Grievance Redressal Mechanism offered by the entity herein and forming part of this contract agreement;<\/p>
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b. Thereafter, the dispute if any shall be referred to National Consumer Helpline or State consumer Helpline for effective Mediation;<\/p>
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c. Disputes if any shall be resolved in accordance with the provisions of the India Arbitration and Reconciliation Act and mediation provisions of Consumer Protection Act, 2019 OR<\/p>
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d. Referred to a legal forum dealing with consumer disputes having jurisdiction in the District of Ludhiana (Punjab, India).<\/p>
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41. Force- Majeure: That if at any time, during the continuance of this agreement, the performance in whole or in part, by the TDI Glorious Private Limited, of any obligation under this is prevented or delayed, by reason of war, or hostility, acts of the public enemy, civic commotion, sabotage, Act of State or direction from Statutory Authority, explosion, epidemic, quarantine restriction, strikes and lockouts, fire, floods, natural calamities \/ disaster or any act of God (hereinafter referred to as event), neither party shall, by reason of such event, be entitled to terminate this agreement, nor shall either party have any such claims for damages against the other, in respect of such non-performance or delay in performance. Provided that the services under this agreement shall be resumed as soon as practicable, after such event comes to an end or ceases to exist.<\/p>
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42. The Independent Distributor hereby agrees as under:<\/p>
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a. That he \/ she has clearly understood the terms and conditions, as well as the TDI Glorious Private Limited Compensation Plan, along with it associated its limitations and provisions. He \/ she confirms that he \/ she is not relying upon any representation or promises that are not set out in this E-contract agreement.<\/p>
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b. That their association with the TDI Glorious Private Limited 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 TDI Glorious Private Limited Compensation Plan accessible on the company website. The Independent Distributor validates 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.\u00a0<\/p>
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c. That he \/ she will function as an independent entity 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.<\/p>
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d. That all the information provided to the TDI Glorious Private Limited is accurate and truthful. The TDI Glorious Private Limited holds the sole right and freedom to take appropriate action against him \/ her if it is discovered that the information furnished to the TDI Glorious Private Limited was incorrect or false.<\/p>
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e. 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.<\/p>
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f. That I am the individual concerned and am fully aware of the facts stated above. I voluntarily agree to be designated as an Independent Distributor across India, in accordance with the terms and conditions contained within this agreement.<\/p>
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g. That I have carefully read and understood the terms and conditions concerning the appointment of an Independent Distributor by 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 an Independent Distributor based on my personal choice.<\/p>
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h. 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 an Independent Distributor.<\/p>
IN TOKEN OF HIS \/ HER AGREEING TO AND ACCEPTING ALL PROVISIONS OF THIS CONTRACT AGREEMENT SET HEREINABOVE, HE \/ SHE IS CLICKING ON THE \u201cI AGREE\u201d BUTTON GIVEN HEREIN. <\/p>
I AGREE & ACCEPT <\/p>
Name: _____________________________\u00a0 \u00a0 \u00a0 Bank A\/C No.: ___________________ <\/p>
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S\/O Shri.: ____________________________\u00a0 \u00a0 \u00a0 IFSC Code: ______________________<\/p>
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Resident of: ____________________________________________________________<\/p>
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________________<\/p>
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Pin Code: _____________<\/p>
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State: ________________________________<\/p>
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Pan No.: __________________________________________<\/p>
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Aadhar No.: _______________________________________<\/p>
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Name of the Bank & Branch: __________________________<\/p>
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AGREE & ACCEPT<\/p>
NODAL OFFICER <\/p>
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M\/S:\u00a0 ________________________________<\/p>
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Address: __________________________<\/p>
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Mob no.: ____________________________<\/p>
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E mail: _____________________________<\/p>
<\/p> I agree to the above terms & conditions<\/label>\r\n <\/span>\r\n \r\n \t \r\n <\/div>\r\n\r\n <\/div>\r\n