Terms & Conditions of Demos BUSINESS ADVISOR (Associate)

1.Registration: The application for appointment of direct seller as Demos Business Advisor (Associate) of Demo Retails Pvt Ltd shall be subject to these Terms and Conditions which constitute the entire agreement with Associate and the applicant hereby confirms that she/he is 18 years of age or older.
2.Due Diligence: Associate agrees to have her/his personal details being checked and shared to fraud prevention agencies and to Demo Retails making searches from time to time of her/his details with such agencies and keeping a record of that search. Associate agrees that Demos herbal shall have the right to use such information and any future activities and payment records of Associate.
3. Obligations of Associate while performing Activities
3.1 Registration is free to become Demos Business Advisor.
3.2 This agreement shall become effective on the date Demo Retails acknowledge & accept of Advisor by issuing the membership (ID) card or upon entering the details of Advisor in Demo Retails Advisor Database. Demo Retails, discretion may accept or reject this application for any reason including incomplete, inaccurate, false or misleading information in application(s).
3.3 Activities mean all the transactions online or otherwise related to lawful promotion of sales and business opportunity, generation of sales leads by the Associate as per Demo Retails policies and guidelines amended or supplemented by Demo Retails from time to time.
3.4 Associate shall agrees that while performing Activities she/he shall:
A. Honour Demo Retails tradition of integrity and personal service and the applicable Demo Retails Guarantee;
B. Make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of Demo Retails
C. Not sell Demo Retails Products for resale to or through third parties, any business entity or any type of retail establishment or any internet site unless authorized by Demo Retails;
D. Neither make export shipments of Demo Retails products nor knowingly do sell products to other individuals who intend to export those products unless authorized by Demo Retails
E. Should carry the identity card and not to visit the consumer’s premises without prior appointment/approval;
F. At the initiation of a sales representation, without request, truthfully and clearly identify herself/himself, Demo Retails, the nature of the product sold and the purpose of the solicitation to the prospective consumer;
G. Offer a prospective consumer accurate and complete explanations and demonstrations of the products, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales services;
H. He/she shall not use the Demos other Distributors for benefit of another companies or to not engage directly or indirectly in any activity or sell any other goods which are in same product categories as in Demo Retails
I. Provide following information to the prospect / consumers at the time of solicitation of sale, namely:
(i) Her/his Name, address, registration number or enrollment number, identity proof and telephone number of and details of Demo Retails;
(ii) A description of the products to be supplied;
(iii) Explain to the consumer about the goods return policy of Demo Retails in the details before the transaction;
(iv) The Order date, the total amount to be paid by the consumer along with the bill and receipt;
(v) Time and place for inspection of the sample and delivery of good;
(vi) Information on how to cancel the order and / or to return the product in salable condition and avail full refund on sums paid;
(vii) Details regarding the complaint redressed mechanism;
3.5 The Associate shall not:
A. Use misleading, deceptive and / or unfair trade practices;
B. Misrepresent about the actual or potential sales or earnings and advantages of Direct Selling to any prospective Associate, while interacting with prospective LBAs;
C. Make any factual representation to a prospective Associate that cannot be verified or make any promise that cannot be fulfilled;
D. Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and this agreement or the products being sold which is false and / or misleading;
E. Require or encourage LBAs recruited by the first mentioned Associate to purchase products in unreasonably large amounts;
F. Provide any literature and / or training material or collateral to a prospective and / or existing Associate, which has not been approved by Demo Retails;
G. Require prospective or existing Associate to mandatory purchase any literature or training materials or sales demonstration equipment.
4. Conflict of Interest:
Associate may engage in any other business, occupation or activity provided that such business, occupation or activity does not, in Demo Retails opinion, cause a breach of or conflict with any of the Associate obligations under these Terms & Conditions or a conflict with Demo Retails interest.
5.Demo Retails Leadership Program:
5.1 Associate shall be entitled to join Demo Retails Leadership Program – a sales program pursuant to which he/she shall undertake business development activities including appointing and training new LBAs and receive awards, incentives and other benefits including commission on the sales revenue generated by her/his Downline LBAs. Associate needs to meet the standards to become a sales leader and to comply with applicable laws and regulations, Demo Retails applicable schemes, plans, policies, procedures or guidelines for the Demo Retails Leadership Program amended from time to time.
5.2 As a Leader, Associate shall be responsible for ensuring the accuracy and authenticity of address mentioned and identity proof provided by the Downline Associate and ensuring the payment of dues to Demo Retails by the Associate and her/his Downline LBAs on timely basis; failing which Demo Retails shall be entitled to take any action against the Associate as it may deem fit.
5.3 Demo Retails shall be entitled to adjust/withhold the amount of commission due to a Associate against any outstanding amounts due from the Associate and or his or her Downline LBAs, if any.
5.4 For the purposes of this article no 5, Downline Associate shall mean and include all the LBAs in whichever generations whose sales are considered for calculating the commission payable under the Demo Retails Leadership Program.
5.5 Commission shall be payable subject to applicable tax deducted at source. In the event, Associate has not provided the PAN card details, a higher tax be deducted as per applicable rate under the laws. The normal applicable rate of tax be deducted from the date of receipt of PAN card details of Associate by Demo Retails.
5.6 Associate undertakes to comply with the requirement including registration and filing of appropriate return under Goods & Service Tax Act and rules thereunder as and when the same is applicable.
6. Independent Contract:
6.1 Associate agrees that she/he is an independent Associate and not an employee nor agent nor partner of Demo Retails and has no authority to bind Demo Retails contractually to incur any liability on behalf of Demo Retails.
6.2 Associate agrees that she/he shall be responsible for compliance with all matters associated with the status of self-employed individual including payment of all tax, pension, insurance contributions or other business expenses and shall possess all licenses, permits, insurance and or registrations at her/his cost for conducting Demo Retails business or activities.
7. Ordering/Return Policy/Payment:
7.1 All purchase orders are subject to product availability and acceptance by Demo Retails.
7.2 Unused products in marketable conditions can be returned to Demo Retails within 30 days of purchase from Demo Retails along with original invoice.
7.3 Payment - Demo Retails provides online as well as cash on delivery payment options for all purchases against the confirmed orders.
8. Commission: Associate shall get commission on all the sales revenue generated by Demo Retails based on sales leads generated by Associate and her or his eligible Downline LBAs as per the compensation model of Demo Retails as amended from time to time. Or All incentives (Performance, Bonus, and Royalty Income) will be paid according to Demos Sales & Marketing plan given in Broacher (Sales & Marketing Plan).
9. Intellectual Property:
9.1 Associate agrees that she/he shall not, except to the extent authorized in the applicable policies, procedures and guidelines, use or exploit Demo Retails intellectual property rights which include but not limited to trademarks, or trade names or any logos, product names, designs or copyright belonging to Demo Retails.
9.2 Associate agrees that all advertising materials must comply with policies or guidelines issued by Demo Retails from time to time. Demo Retails may request the removal of any advertising materials regardless of whether such materials were previously approved.
9.3 Associate agrees not to use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of Demo Retails trademarks including, without limitation, the name Demo Retails, and that she/he hereby consents to transfer to Demo Retails any such domain names.
10. Security and Privacy and Data Transfer:
10.1 Associate agrees to be bound by the requirements of any applicable data protection laws and Demo Retails Security and Privacy Statement, as amended from time to time and undertake not to use and disclose any personal information collected while performing as Associate for and or to any third party. Demo Retails Security and Privacy Statement can be found at Demo Retails website.
10.2 Associate acknowledges and consents to her/his personal information being collected, used, processed, and transferred by Demo Retails and its affiliated entities, and authorized third parties, including but not limited to entities in countries that have a different level of data protection for the purposes described in the Demo Retails Security and Privacy Statement. In addition, Associate consents to use of data for marketing or other purposes, using electronic or other means as described in Demo Retails Security and Privacy Statement available at www.Demo Retails.co.in
10.3 Associate understands that she/he may withdraw her/his consent to this transfer of personal information, but if such Associate chooses to withdraw her/his consent, Demo Retails reserves the right to terminate the relationship with such Associate
11. Compliance:
11.1 Associate agrees to be bound by these Terms and Conditions, any applicable laws and regulations including Direct Selling Guidelines and any amendment thereto, and any applicable policies, procedures or guidelines issued by Demos herbal, which may be amended from time to time as Demo Retails deems necessary. Such policies, procedures, or guidelines shall form part of these Terms & Conditions as if set out in full in these Terms & Conditions.
11.2 Associate agrees that violation of any of the above requirements shall result in any disciplinary actions deemed appropriate by Demo Retails including but not limited to termination of Associate.
11.3 Associate shall indemnify Demo Retails for any liability for any claim arising out of the breach by the Associate of these Terms & Conditions.
12. Restriction on Recruiting Downlines: The Associate understands that all the schemes as may be introduced by Demo Retails shall be to encourage genuine business practices and undertakes that she/he will not appoint any of her /his family members either under her/him or any other leader, with the intent to defraud Demo Retails or taking undue advantage of the scheme and or for other ulterior motive as may be determined by Demo Retails. In case Demo Retails finds any such appointment, it a) shall be entitled to terminate such appointment without any obligation to notify the leader and the Associate so appointed or b) disqualify the leader from leadership/membership c) disqualify such Associate/Leader from any commission/incentive program.
13. Confidential Information:
13.1 Information provided in connection with these Terms and Conditions and the contact details of Downline Associate, which is not publicly disclosed shall be kept confidential and shall not be used or divulged other than in the proper cause of performance of the obligations under these Terms and Conditions, failing which Demo Retails shall be entitled to take disciplinary action including termination of relationship with Demo Retails.
14. Termination:
14.1 Demo Retails has the right to terminate the contract with Associate in case she/he does not place any purchase order for a continuous period of two years. Associate has the right to voluntarily resign as Associate for any or no reason with immediate effect after clearing all the outstanding dues to Demo Retails.
14.2 Once Associate is terminated or Associate voluntarily resigns, Associate will lose her/his right to any recognition or award, or right to attend any Demo Retails function, or commission or other benefits under the Demo Retails Sales Leadership Programme.
14.3 Except in the case where termination is caused by Associate’s breach of any of these Terms & Conditions, Associate shall have the right to return to Demo Retails products purchased prior to such termination, subject to the terms and conditions applicable to product returns.
14.4 Furthermore, Associate agrees that her/his registration as Associate shall be terminated for inactivity, as set forth in the applicable policies, procedures and guidelines.
15. Amendment: Demo Retails reserves the right to amend these Terms and Conditions, including Demo Retails policies, procedures or guidelines at any time by giving the Associate written notice to the Associate’s address on record. If Associate has signed up to conduct her/his activities online or has provided Demo Retails with her/his email address, Associate expressly authorizes Demo Retails to issue communications and invoices electronically, by email to the Associate or by posting messages or notices on Demo Retails website, and any such communication shall be deemed appropriate as written notice.
16. Others:
16.1 These Terms and Conditions, applicable policies, procedures or guidelines and Sales Leadership Program issued by Demo Retails amended from time to time, constitute the entire understanding between the parties and supersedes any previous contract or understanding.
16.2 The rights and obligations of Associate may not be transferred or otherwise assigned without the prior written consent of Demo Retails, except in case of Nominee duly appointed by the Associate. The Nominee appointed by the Associate shall be the sole assignee of all rights, interest, liabilities and obligations of the Associate in her or his Demo Retails business. This assignment and transfer of rights and obligations shall be effective after the demise of the Associate provided the Nominee submit the death certificate of the Associate and agrees to sign the then current Associate Agreement within 60 days of the demise. Demo Retails shall not entertain any request or claim by any person other than the Nominee duly appointed by the Associate. Demo Retails shall have a right to reject any such nomination if it finds the profile of the Nominee not suitable to be a Associate or Leader underDemo Retails policies or under the local laws. The Nominee shall also be liable to discharge any obligations and clear all the outstanding due from the demised Associate to Demo Retails.
16.3 Articles 9, 10, 11, 13, and 16 shall survive the termination of or voluntary resignation by the Associate.
16.4 These Terms and Conditions shall be governed and interpreted by the laws of India and any dispute, controversy or claim arising out of, relating to or in connection with, these Terms and Conditions or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with The Arbitration and Conciliation Act, 1996. The seat of the Arbitration shall be at Gurgaon, India. The Managing Director of Demo Retails or any other person duly authorized by the Managing Director shall be the sole arbitrator. The arbitration shall be conducted in English Language. The arbitral award shall be in writing and be final and binding on the parties. The award may include an award of costs and interest on the amount in dispute.
17.In case of dispute or any loss whether in contact, tort or otherwise the arising out of this agreement liability of Demo Retails shall not exceed the lesser of any of these (a) Actual damage or loss assessed by arbitrator or any other dispute resolution arrangement adopted by both the parties. (b) Total commission earned by the distributor during the preceding six months of the date of dispute.
17.1 Any dispute arising in future between the Associate and the company shall be entertained by the court situated in the respective branch office Jurisdiction or at Delhi (New Delhi) only.
17.2 Company will issues a provisional incentive list on its office website one week prior to the incentive issue date. If there is any discrepancy in incentive. Demos should be informed with in 5 days from the date of issues of provisional list.
18. Company reserves the full and absolute right, at any point of time, even without any prior notice to change, vary or amend or modify the Associate rules and regulations, Code of Ethics, Demos Sales & marketing Plan, and any of its policies and to suspend or terminate the HUB/CLUB of any Associate person as and when necessary