INDEPENDENT CONSULTANT AGREEMENTS TERM’S AND CONDITIONS
1. In Accordance with the terms and conditions here in, I hereby submit any distributor Applications and agreements to become an Independent Distributor (herein after referred to as”Distributor”) with for NEW WAY GROUP(hereinafter to as “company”).
2. As used throughout this document, the term”Agreement” refers to this Distributor Application and Agreement, the policies and procedures and the compensation plan.
3. This Agreement becomes effective on the date accepted by the company. A facsimile, email or original hard copy of this agreement must be received by the company along with supporting documents for me to be officially accepted as a Distributor. Otherwise this agreement will be void. I acknowledge that my signature on my facsimile application shall be deemed by the company to be original signature.
4. NEW WAY GROUP reserves the right to accept or reject any application, without assigning any reasons.
5. In case of any discrepancy in the information provided, NEW WAY GROUP reserves the right to terminate the distributor id without any explanation.
6. I understand that as a Distributor I am an independent contractor, not a agent, employee or franchisee of the company. I have undertaken orientation session and have been provided fair and accurate information on all aspect of business including remuneration system and expected remuneration for new distribution and undertake to provide the same information to prospect or existing Distributor. I UNDERSTAND AND AGREE THAT I WILL NOT BE TREATED AS AN EMPLOYEE FOR ANY TAX PURPOSES. I understand and I will keep proper books of accounts and pay all applicable central and state income taxes, self-employment taxes, sales taxes, local taxes, service taxes, and /or local license fees that may become due as a result of my activities under this Agreement.
7. I have joined as Distributor without payment of any registration fee or any sales demonstration material cost. I am not required to purchase any goods or services for an amount/quantity. Which I cannot reasonably sell or consume. I also understand and agree that my remuneration will consist solely of commissions, overrides and/or bonuses from the sale of NEW WAY GROUP products marketed by the company. I shall receive no commission from the mere act of enrolling or recruiting others into the program, and I shall not represent to others that it is possible to receive any income simply from enrolling others in the program.
8. I agree that as a Distributor I will operate in a lawful, ethical and moral manner and will use my best efforts to promote the sale and use of the products offered by the company to the general public. I understand that as a Distributor my conduct must be consistent with public interest and I will avoid all discourteous, deceptive, misleading or unethical practices and will always protect all private information provided by the consumers.
9. I shall carry the Identification card issued to me by the company and will seek prior appointment with customer for initiation of sale , I would identify myself as the company, provide address, registration, telephone number to customer and would truthfully represent the nature of products/services in the manner consistent with the claims authorized by the company. I will not oversell nor give false promises or hopes to my prospective customers and will take personal responsibility for all complaints from my customers and down line.If I would provide Accurate and complete explanations and demonstrations of service, prices credit/payment terms , amount to be paid right to cancel the order, refund policy and complaint redressal mechanism of the company. I will also not sell any product on e-commerce platform/market place or any fixed retail outlet unless approved by the company.
10. I understand that I have a cooling off period of 15 days to cancel the contract and receive refund of any money paid and am also entitled to the benefit of 30 days money back policy for “currently marketable “goods, that I am not guaranteed any income , nor am I assured of any profit or success. I am free to see my own hours and determine my own location and methods of selling, within the guidelines and requirements of this Agreement. I agree that I am responsible for my own business expenses in connection with my activities as a Distributor.
11. I certify that neither the company nor my sponsor has made any claims of guaranteed earning or representations of anticipated earnings that might result from my efforts as a distributor. I understand that my success as a distributor comes from retail sales, service and the development of a marketing network. I understand and agree that I will make no statement, disclosures or representations in selling the company’s goods or in the sponsoring of other prospective distributors, other than those contained in approved company literature.
12. If I sponsor other distributor, I agree to perform a bone-fide supervisory, distributive, selling and training function in connection with the sale of the company’s goods to the end user. I shall also ensure that all prospective distributors of mine attend the company orientation session. I will not encourage other direct seller to purchase goods in unreasonably large amount or to purchase any literature, training or sales demonstration equipment nor will sell any unapproved/training material.
13. I understand and agree that the company may make modification to the agreement at its sole discretion, and that all such changes shall be binding upon me. All changes to the Agreement shall become effective upon publication in official company literature. The continuation of my NEW WAY GROUP business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
14. I understand that the acceptance of this agreement does not constitute the sale of a franchise, that there are no exclusive granted to anyone, and that no franchise fees have been paid nor am I acquiring any interest in a security by the acceptance of this agreement.
15. Distributors may not assign any right nor delegate any duty arising this agreement without the prior written consent of the company. Any unauthorized assignment or delegation shall be voidable at the option of the company.
16. I agree to indemnify and hold the company harmless from any and all claims, damages and expenses including attorney’s fees, arising out of my actions or conduct, and that of my employees and agents in violation of this agreement. All disputes and claims relating to the company, the distributor agreement, the marketing and compensation plan or its products, the rights and obligations of an independent distributor and the company or any other claims or causes of action relating to the performance of either an independent distributor or the company under the agreement or the policies and procedures shall be settled totally and finally by arbitration to be held at Mumbai by a sole arbitrator appointed by the company, in accordance with the Arbitration and conciliation Act, 1996. The decision of the arbitrator shall be final and binding on the parties. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the agreement.
17. The parties waive all rights to incidental, consequential, exemplary and punitive damages arising from any violation of the agreement.
18. I understand the compensation plan and the procedures are applicable to products made available by the company. If due to any reasons, such agreement is terminated or compensation plan is dissolved by for HMC POWER Q, this agreement and my distributorship shall automatically terminated and I will have no claims against the company, save that my compensation due and payable to me on the date of such termination. I understand that I am entitled to terminate this contract at any time by submitting resignation letter. In the event I fail to make any purchase for a period of 6 months from my last purchase, the company shall similarly be entitled to terminate the contract. Any confirmation of the cancellation will not be provided by NEW WAY GROUP.
19. I shall be subject to disciplinary sanctions as specified in the policies and procedures at the company’s discretion for the violation or breach of any term or provision of the agreement. upon the voluntary or involuntary cancellation of this agreement, I shall lose any expressly waive, any and all rights including property rights, to my previous down line organization and to any bonus, commission or other compensation arising from the sales generated by myself or my prior down line organization.
20. The company shall be entitled to deduct and offset from any commissions, bonuses or any other money payable to me, any amounts past due and unpaid for purchases of company probucts, renewal fee or any other money owed to the company by me.
21. I have read this agreement and acknowledge receiving and reading all documents incorporated by reference and agree to abide by and be bound by the terms contained therein by all central, state and local laws governing the operation of my operation of my business, in particular, to be guided and comply with the consumer protection Act 1986 and direct selling guidelines 2017.
22. Any waiver by the company of any breach of this agreement must be in writing and signed by an authorize officer of the company waiver by the company of any breach of this agreement by me shall not operate or be construed as a waiver of any subsequent breach.