1. Participation in World Wellness Mission:
In the World Wellness Mission, participation by person is subject to the terms and conditions framed / announced / changed / prevalent at the point of time / as intimated to the person/persons and the same shall be deemed to constitute acceptance by the participants of such terms and conditions as amended from time to time. Applicant, when accepted is called “Distributor” or “Wellness Volunteer”, referred herein as person/persons who represents on behalf of the wellness organisation and warrants that he/she understands the marketing systems and the commission plan and is not relying on any representation or offer that is not contained in this Agreement.
2. RIGHTS & RESPONSIBILITIES :
By applying to participate in the World Wellness Mission, the “Distributor” understands that he/she will be bound by the terms and conditions hereof and that he/she will be entitled to participate as a “Distributor”, upon acceptance of a valid application by World Wellness Mission. A person can choose to be either an Distributorship in Business (DIB) - are those who are actively participating in the retailing and network marketing Systems or Regular customer using Products. They shall maintain the Distributorship in Business status by purchase of minimum value pack per month, as stipulated by the organisation. They will also enjoy the privileges of receiving network sales commissions, other benefits and offers announced from time to time. A Distributor in Business will be eligible to earn commission on all down line levels in his Network after the qualification as detailed in the Marketing Plan which forms the part of this agreement. Distributors in Business can purchase products at wholesale price using their Distributor ID Number, for their personal use or for retailing. Regular customers using Wellness Products are not eligible to receive network commissions on any product bought by them. Distributor understands that to earn commissions in the Distribution system, Distributor are responsible for generating business for his/her self and World Wellness Mission. To do this, distributor will personally make retail sales of the Wellness Products to his/her personal customers, will build his or her sales team and will contact prospects by phone and in person. Distributor is responsible for training of their team members. The Distributor is required to follow the Marketing Plan personally and empower all the team members to follow and practice the steps for success in business. Purchase of the Wellness Products is not required to join in the Distributorship. Applicants choosing to become a distributor must signup online and send print out of the product order and distributorship application form to the organisation or submit in the distributor stock point (DSP) along with Demand Draft/NEFT, towards the cost of Business Joining Pack. The product order and distributorship application form should be attested by the applicant, otherwise the application will not be processed. A Distributor agrees that the Products provided by World Wellness Mission are for distribution in the market as a Health Care Product or Food Supplement and it may only be marketed as a Health Care Product or Food Supplement with no medicinal, curative, remedial or prevention claims. Distributor further agrees that, World Wellness Mission, the manufacturer of Wellness Products doesn’t makes any claims of remedy regarding its products and produce no marketing materials or information that makes any such claims.
3. COMMISSION PRIVILEGE:
The distributorship will not entitle automatic commissions. Commission is payable only on sale of products by him and/or by his/her team as per World Wellness Mission Marketing Plan after qualification.
4. INDEPENDENT FREELANCER:
The relationship between Distributor and World Wellness Mission is established only by this Agreement and Distributor is not an agent, employee or any other legal representative of World Wellness Mission or its service providers. Distributor is solely responsible for all income taxes and any Central / State/ Local or other taxes that may be due as a result of Distributorship business activities. World Wellness Mission Distributor agrees to abide by all central /state laws, rules and regulations pertaining to this Agreement. All Distributors will make, execute and file all such reports / returns as are required by law or public authority with respect to this Agreement at his/her own cost.
5. STRATEGY/RATE MODIFICATION:
Distributor of World Wellness Mission agrees that World Wellness Mission may, from time to time change the commission plan, rates, prices, charges and rules and regulations of this Agreement. If Distributor chooses to remain in the Marketing systems, World Wellness Mission Distributor agrees to abide by those changes. Any such notice shall be deemed to have been given and received as of the day after such notice is put in one of the following media namely: the Organisation’s website, sent by e-Mail, disseminated via World Wellness Mission systems or other mode of mass communication. It is Distributor’s responsibility to stay abreast of developments communicated in this fashion. World Wellness Mission reserves the right to terminate or change the entity wholly or in part thereof in any manner whatsoever at any time without notice, without limiting the technology of the foregoing. The company shall have the right to change the conditions of enrolment, the terms and conditions, etc. In the event of termination of the programme, all the commissions earned or accumulated by the Distributor shall stand forfeited.
6. ELIGIBILITY & PERMISSIBLE AGE:
World Wellness Mission distributor has to be an Indian national and competent to enter into agreement with sound mind. He or she should not have been prevented or prohibited under any law in force from entering into contract. The applicant must be above 18 years of age as on the date of application in order to be eligible to become a Distributor. In case of the applicant being a minor, the parent or the guardian has to sign the agreement and other documents. The onus of responsibility lies on the parent or the guardian only. The relationship of the signatory is to be mentioned below the signature in the agreement. The Distributorship taken in the name of the company / organisation shall fill the business addendum form and shall enclose their applicable legal documents.
7. CROSS SPONSORING/CROSS RECRUITING:
Distributor understands that cross sponsoring, cross recruiting and cross line jumping is prohibited as per Marketing Policy of World Wellness Mission. In the event of any distributor found to be doing the same, may result in the imposition of penalty which may include immediate termination of the cross liner under other distributor by in turn putting him into in his original or under early joined place to continue his routine only from his earlier distributor compulsorily / termination of this Agreement. “Cross sponsoring” means soliciting a Distributor or any closely related person or entity into a down line different from the existing down line for that Distributor. “Cross recruiting” means soliciting a Distributor, into another network marketing company. “Cross line jumping” means a Distributor or any closely related person or entity voluntarily taking a Distributorship that is not in the same down line as the one in which the Distributor first enrolled. A “closely related person or entity” is any person in the household of the Distributor (e.g. spouse, son, daughter, parent living in the same household) and other legal entity, which is controlled by the Distributor.
8. FILING OBJECTIONS:
If a Distributor desires to file a complaint against another Distributor for violation of this Agreement, he / she shall send a signed complaint to get the procedures for doing so to the Organisation’s Registered Office with the valid proof and reasons.
9. PRIVACY OF AGREEMENT:
World Wellness Mission Distributor understands that the Marketing plan, genealogy reports, Distributor lists and official literature are proprietary information and are considered trade secrets of World Wellness Mission. Distributor hereby agrees to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote Distributor’s independent business in accordance with the provisions of this Agreement. Distributor further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year.
10. RESTRICTION OF NUMEROUS DISTRIBUTORSHIP:
The Company does not allow a person/legal entity to have more than one Distributorship. Violation of this clause will lead to the termination of the Distributorship.
11. INCOME REPRESENTATION:
Distributor understands that although Distributor may recommend other Distributors into the Wellness Programme but the Programme does not allow the Distributor to profit solely from the activity of recommending other Distributors. Commissions are paid only on actual sale of Product Package and other product sales that are made by Distributor and by other Distributors that fall into Distributor’s down line Network. No one should make any offer / guarantee that Distributor will derive any specific income or profit as a Distributor. Distributor understands that any income Distributor earns from World Wellness Mission is determined by Distributor’s personal activity as an independent Distributor. Distributor understands that Product Packages and other product sales commissions shall be paid only to the qualified “selling” Distributor and to his/ her down line and up line. Distributor shall not make any income representations.
12. PRODUCT RETURN/REIMBURSEMENT POLICY:
Distributor agrees that World Wellness Mission will accept the return of the product pack from the distributor who terminates the contract of the distributorship and from the regular distributor’s, only if it is returned in a resalable condition and returned back to the organisation within 10 days from the date of receipt Product/termination. The refund amount towards the returned product will be 90% of the amount paid by the distributor less sales tax applicable, handling, forwarding charges and the commission paid by the organisation to the distributor under the marketing plan. Any consumer who has purchased goods from the distributor can cancel the order and receive refund for the saleable goods that are returned within 5 days from the day of purchase.
13. SUBSTITUTION POLICY:
Distributor agrees that World Wellness Mission will replace any damaged product only on the grounds of Manufacturing defect, in which case the product is to be returned within 3 days from the receipt of the product, failing which there is no replacement guarantee. In the case of transit damage the product is to be returned immediately and details of the damage to be written on the acknowledgement slip of the courier / post receipt while taking the delivery of the product. Replacement where applicable will be made in 10 days time.
14. TRADE SYMBOLS & PROMOTION MATERIALS:
Distributor will not use the World Wellness Mission’s Trade Names and/or Trademarks except to promote the Wellness Products and its business. In all such authorized use, Distributor will make clear that Distributor is an Independent Distributor. Sales of marketing materials by World Wellness Mission are not commissionable. World Wellness Mission makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.
15. TRANSFER OF DISTRIBUTORSHIP:
In order to maintain the integrity of the organization, the distributorship of an Individual / Proprietorship can be transferred only to Legal Heir or as per the Registered Will by production of valid documents from relevant authorities. All such transfers require the completion of a Transfer Form and payment of a Transfer Fee of Rs. 1000/- and must be approved by the organisation. Sale of legal entity, which owns a Distributorship, is hereby deemed to be the sale of the Distributorship and is subject to the provisions above stated. The distributorship of NGO is not transferable.
Distributor can nominate a person to be his successor for transfer of Distributorship of World Wellness Mission.
In the absence of nomination by a Distributor, the Distributorship like any other business or asset, a Distributor may have, is fully transferable in accordance with the terms of a Will, or, in the absence of a Will, it passes to heirs pursuant to the applicable state succession laws. For those Distributors whose Distributorship is owned by a legal entity there would be no change in the ownership of the Distributorship upon the death of an owner of that legal entity, etc. Ownership of the legal entity would change by passing to the heirs, but the legal entity would continue to own the Distributorship.
18. INFORMATION FROM DISTRIBUTORS:
All registration information provided by a Distributor to World Wellness Mission must be accurate and complete. Distributor must update and correct registration information, in case of any changes.
19. ADVERTISEMENT BY DISTRIBUTORS:
Distributor shall not use the World Wellness Mission Logo or related research Reports and shall not publish printed materials or release advertisements for the Wellness Products or otherwise solicit related business by Advertisement in violation on the code of ethics of Network Marketing industry or any similar Central / State law or regulations.
20. INDEMNITY :
Distributor Indemnifies and holds World Wellness Mission harmless against all claims made by any third party, and any related damages and expenses (including reasonable attorney’s fees), arising out of or connected with the distributor’s conduct, the goods or service the distributor offers, or any violation of this agreement by Distributor.
21. RESTRICTION OF LIABILITY:
World Wellness Mission makes no warranties, express or implied, related to the Product packages or services supplied there under or marketing materials sold, including but not limited to warranties of merchantability and fitness for a particular purpose. World Wellness Mission will not be liable to any Distributor for indirect, incidental, special or consequential damages, such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of, or inability to use, the Product Package related services, products or marketing materials provided to any Distributor. The total liability of World Wellness Mission for any and all damages arising from or connected with this Agreement, the product Package or the services, products or marketing materials provided to any Distributor shall not exceed the total fees paid by the Distributor to World Wellness Mission during the 12-month period immediately preceding the initial occurrence of the event causing the damages.
22. VOLUNTARY RESIGNATION:
Distributor may voluntarily terminate this Agreement by sending written notice at any time for any reason. If a Distributor terminates this Agreement that Distributor shall not be allowed to become a Distributor again for a period of six (6) months. If a Distributor re-joins in violation of this policy then that Distributorship shall be terminated and the Distributor shall not be allowed to earn any commission from the new position.
23. IMPOSITION OF PENALTY:
If Distributor breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making income representations or making offer to potential Distributors that cannot be kept by Distributor, (herein called “Violation”) any such Violation is ground for the imposition of penalty, as more fully set forth hereafter. World Wellness Mission may suspend a Distributor, including suspension of commissions earned at the time, pending investigation of any alleged Violation. Distributor shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation(s), failing which, the organisation can consider the allegations to be true. (It is Distributor’s responsibility to see that the organisation receives the response, with supporting documentation, if any, within the seven days period.) If at the end of the investigation it is determined that Distributor is to be penalized, the date of the imposition of the penalty can be, at the Organisation’s option. A commission suspended and/or earned, if any, as on the date of a termination, shall not be paid. Any such cheques not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by organisation for the Violation. Distributor can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. The organisation shall then advise Distributor of its final decision. The organisation shall have the option of imposing any one or more of the following penalties for Violations: denial or revocation of any achievement awards otherwise earned; denial of sales credit for sales that fall into the down line of a cross-sponsored Distributor; imposition of a fine of an amount to be determined by the organisation; and or suspension and or termination of the Distributor’s Agreement.
All disputes between the member/distributor and the organisation arising out of or in relation to this programme shall be first settled by amicable negotiation between parties. In the event of the dispute not being settled between parties amicably, then the same shall be referred to the Sole Arbitrator appointed by World Wellness Mission under the provisions of Arbitration & Conciliation Act 1996 and the venue shall be at Guwahati only. This Agreement shall be construed and enforced in accordance with the laws of Union of India and shall be subject to Guwahati Jurisdiction. Causes of action between the parties hereto of any type, whether based on this Agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in Guwahati city, each party hereby submitting to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts. In any cause of action the winner shall be entitled to recovery of all reasonable attorney fees, court costs and other costs of the action.
25. ENTIRE AGREEMENT :
This Agreement constitutes the entire agreement between the parties on the subject matter hereof, and no other additional offer, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized Person of World Wellness Mission.
I hereby declare that I have attained 18 years of age as on the date of signing the agreement and that I am competent to execute this agreement with sound mind. I hereby confirm having gone through, read and understood the above terms and conditions and that I shall abide by the same and the same is acceptable to me.
A. I hereby declare that I understand the fact that merely granting me the distributorship does not make me an employee, agent or legal representative of World Wellness Mission or give me any authority to speak for contract or bind World Wellness Mission in any manner.
B. I will operate my business either by buying and retailing of World Wellness Mission’s Products packs at my own expenses and appoint /train others as World Wellness Mission Programme Distributors to build my business.
C. I will not make any income claims, income or other representation or statements about World Wellness Mission business or its products other than that are stated in Marketing Policy.
D. I will indemnify World Wellness Mission against any legal liabilities arising out of unauthorised claims, representations or statements made by me.
E. I agree to abide by World Wellness Mission Marketing plan, its code of ethics, rules policies and procedures as set forth in programme literature and website www.wwm.ind.in and Manual or any circular that may be published in the website from time to time.
F. I understand that my distributorship may be revoked if I fail to comply with the stated conditions and the terms and conditions of the Distributor agreement.
G. I further agree to abide and comply with the rules and regulations governing my distributorship, which is part of this application.
J. I hereby undertake that I will not make any claim that World Wellness Mission Products are medicine and are of curative by nature.
L. I hereby declare that I make this application voluntarily out of my free choice and willingness to become World Wellness Mission’s distributor without any pressure, force or coercion.