I hereby submit my Application to become a Direct Seller of IDTPL. This Application and Agreement shall come into effect on the date it is accepted by IDTPL., wherein IDTPL may accept or refuse my Application at its own discretion. I hereby declare that I am a law-abiding citizen of India, and I am competent to enter into this agreement as per Section 10 of the Indian Contract Act 1872. I am making this application seeking appointment as a direct seller of M/s. IDTPL, out of free consent and without any compulsion, force, inducement, coercion or influence. I am making this Application after participating in Orientation Program conducted by M/s. IDTPL and after understanding all aspects of direct selling operation, its remuneration system, the quality and standard of products, including the licenses and the statutory sanctions obtained by M/s. IDTPL for its products and services. I have gone through the website and other marketing collaterals of the company to understand the business thoroughly.

I have consumed the products of IDTPL and I am absolutely satisfied with its taste & result. I unequivocally understand that the products of IDTPL is Health and Wellness products and are not Drugs or intended to treat, prevent, cure or diagnose any diseases.

The term M/s. IDTPL is hereinafter referred/mentioned as Company. The Direct Selling Entity and Direct Seller terms are as follows:

1. I state that I am entering into this Agreement with M/s. IDTPL to purchase and distribute its products for the promotion of certain sales. I shall purchase and sell the products of M/s. IDTPL in accordance with this Agreement and applicable laws of the land and I will be entitled to benefits/commission on sales of products purchased as per the Compensation Plan of the Company.

2. The term “Agreement” shall mean and include the Application, the Compensation Plan and the Direct Seller’s Policies and Procedures. I shall be bound to discharge my duties in accordance with the same and if any breach thereof I will solely be responsible for any action/claim/prosecution, without reference to the Company.

3. Compliance with Laws: I shall comply with all applicable laws relevant to the conduct of my activities as a Direct Seller under this Agreement. In particular, and without limitation, I shall not make potentially misleading or deceptive claims in relation to doing business with IDTPL.

4. Rights: I state that as a direct seller of IDTPL, I have the right (but not the obligation) to:

(a) Buy products from IDTPL, and offer for resale of products in accordance with the Agreement, in such manner as IDTPL may, from time to time allow in relation to its Direct Sellers generally and only on a direct selling basis, and not through retail outlets except to the extent permitted by it.
(b) Recommend people for acceptance as Direct Sellers, such recommendation for acceptance is subject to approval by IDTPL.

5. Direct Seller: IDTPL will not treat me as an employee for federal or state tax purposes.

6. Incentives Payments: I state that I shall not be in breach of this Agreement to receive Incentives pursuant to the Compensation Plan.

7. Cooling off Period for a Direct Seller: A direct seller can return the product, and get a refund within 30 days from the date of purchase, provided the product remains unsealed and in saleable condition. This procedure will cause the cancellation of contract of the Direct Seller ID. Retail profit and Shipment charges will be deducted from the refund.

8. If any commission is credited, it shall be set aside (including TDS) while processing the refund. Courier charges are excluded.

9. Return and Refund Policy:

10. a) For Customers: Dissatisfaction Other Than Health Issues A customer can return the product only to a direct seller from whom they have purchased, along with the original customer receipt, within a period of 30 days from the date of purchase, and get refunded, provided not more than 30% of the product shall have been consumed. The Direct Seller can deduct the courier charges while refunding to the customer, except in the case of manufacturing defect. A Direct Seller should obtain an email from the customer, marking a CC to Compliance that the customer will not claim for any returns in the future if they buy again. The Direct Sellers can return the product to the company along with the customer receipt within 15 days from the date on which the products were returned, and get the same exchanged. To get it exchanged the Direct Seller has to pay the GST and courier charges to the company which has been collected from the customer and handover the product to any of the stores of IDTPL..

b) For Customers: Health Issues A customer can return a product directly to the company and get the refund if he/she faces any health issues by using the products, along with a certificate from a Qualified Doctor or a Registered Medical Practitioner, which substantiates that the subject’s health issue was caused due to the consumption of the said product. The refund shall be initiated after due verification of the certificate and the company shall contact the Doctor/RMP, if required.

c) For Direct Sellers:
A Direct Seller can return the product and get refunded, provided the product is in saleable condition. A Direct Seller can return up to a maximum of 200VP. The product must have a minimum of four months validity to the date of expiry. The refund shall cause the Direct Seller termination of their ID with all pending benefits. The refund shall be initiated after the deduction of Retail Profit that is paid to the Direct Seller, courier charges, and INR 300/- per unit as the processing fee.

13. Any product(s) purchased on which complimentary product option or other valid offers were applied will not be eligible for refund, return, or exchange. However, damaged products received on delivery may be replaced as per the accepted procedure. 14. Product testimonials: All product testimonials/results/reviews should be verified with the company before usage/sharing.

15. I agree that IDTPL may impose certain restrictions on my use of IDTPL’s licensed name, trade names and trademarks, logos and other intellectual property and advertising in order to protect the rights, reputation, and image of IDTPL and such restrictions are applied to all Direct Sellers generally. I also agree not to apply individually or in association with any other party for registration of any intellectual property, licensed or owned by IDTPL capable of registration but not registered.

16. No Assignment: I shall not assign any rights or delegate my duties under this Agreement without the prior written consent of IDTPL. Any attempt to transfer or assign the Agreement, without the express written consent renders the Agreement void at the option of IDTPL and may result in termination of this contract.

17. Release and Indemnification: To the maximum extent permitted by law, IDTPL, its parent or affiliated companies, directors, officers, shareholders, employees, assignees, and agents (collectively referred to as “affiliates”), shall not be liable for; and I release IDTPL and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release IDTPL and its affiliates from all liability arising from or relating to:

(a) Mine, or any other Direct Sellers’, breach of the Agreement;
(b) the promotion or operation of IDTPL business by me or any other Direct Seller and any activities related to it, including, but not limited to, the presentation of Products or the Compensation Plan, the lease of meeting or training facilities, etc., and agree to indemnify IDTPL and its affiliates for any liability, damages, fines, penalties, or others;
(c) Any incorrect data or information provided by me or any other direct seller to IDTPL.;
(d) Mine, or any other Direct Sellers’ failure to provide any information or data necessary for IDTPL to operate its business; or
(e) Reinforcements arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify IDTPL for any liability, damages, fines, penalties or other awards.

18. At any given point of time, IDTPL business is only a part-time opportunity and if any losses arising out of it, IDTPL and its affiliates shall not be responsible.

19. Statutory requirements including payment of all applicable taxes; both Central and States’ is the sole responsibility of Direct Seller without any notice/ alert from the IDTPL.

20. Once a direct seller’s turnover crosses the threshold of the GST limit, I shall be taking a GST registration.

21. Entire Agreement: The Agreement, in its current form and as amended by the Company, constitutes the entire contract between the Company and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

22. Waiver: Any variation or waiver by IDTPL on any breach of the Agreement must be written and signed by an authorized officer of IDTPL. The waiver by IDTPL on any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

23. Severability: If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in complete force and effect.

24. Delays: IDTPL is not responsible for delays in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.

25. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India and without regard to principles of conflicts of laws.

26. Jurisdiction and Venue: The parties’ consent to jurisdiction and venue before the courts of Coimbatore Jurisdiction only, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.

27. Consumer Court: Direct Seller and IDTPL shall be guided by the provision of the Consumer Protection Act – 1986.

28. Limitation of Action: If a Direct Seller wishes to bring an action against IDTPL for any act or omission relating to or arising from the Agreement, such action must be brought within ninety (90) days from the date of the alleged conduct given rise to the cause of action. Failure to bring such action within the given time shall bar all claims against IDTPL. Direct Seller waives all claims that any other statutes of limitations apply.

29. Proof of address: In order to be eligible for the payment of incentives as described in the Compensation Plan, proof of address and copy of PAN, Aadhaar card is required, failure to provide within 7 days of entering into this Agreement shall be deemed as a breach and IDTPL may terminate the Agreement without notice.

30. The incentive payment shall not be processed, until the direct seller submits the full KYC / KYDC (PAN Card, Bank Details, Aadhaar Card).

31. The Direct seller is prohibited from mentioning/posting/telecasting in Social Networking sites inappropriate or defaming content about IDTPL, its products and its ranks. That is, if the direct seller does any act in contravention to this clause, then this contract will be deemed terminated and the company reserves rights to initiate appropriate legal action.

32. All monies paid under the IDTPL Compensation Plan shall be paid in Rupees, after deduction of all applicable taxes and duly registered IDTPL, Direct Sellers. No payments shall be made to Direct Seller outside India. 33. A direct seller shall not recruit a new direct seller unless such a person undergoes a mandatory Orientation Program.

34. Once any Direct Seller is found guilty of having the dual ID, both such ID’s will be terminated.

35. If a Direct Seller gets involved with a legal dispute with the company, his ID will be on ”Order Hold” status till the dispute is settled, Access denied, Incentive on hold.

36. The Direct Seller shall not promote a similar kind of Products / Business Opportunity, if he/she does so, then this contract will be cancelled unilaterally without any notice.

37. IDTPL’s Direct Seller is primarily for distributing its products and earns a retail profit; appointing direct seller is optional and not mandatory. IDTPL shall not be liable for any disputes arising on the same.

38. Direct seller is liable to educate and support the direct sellers sponsored by him/her and the direct selling network recruited by him directly or indirectly.

39. Direct Seller will not recruit a new Direct Seller unless and until he/she is happy with the quality of products, and shows the confidence to sell the products.

40. I understand that IDTPL products are Health & Wellness products- Not drugs and hence they are not intended to treat, prevent, cure or diagnose any disease.

41. A Direct Seller cannot conduct or announce personal level business promotion activities by offering cash rewards, trips, valuables, etc.

42. All financial transactions by the Direct Seller with IDTPL shall be carried out directly without third-party intervention.

43. The validity of the incentive/compensation plan is only for the respective calendar year and it’s subject to change.

44. All Statutory changes will be in force with immediate effect or as per the law prescribed.

45. Uniform home delivery charge is applicable for all the purchases made and shall be delivered till the last location where courier services reach.

46. Direct Seller is personally liable for the delivery of goods to its customers. He is also liable to collect the products from where it reaches last by the delivery services.

47. Direct Seller will give a customer receipt duly filled in, to all its customers and have to keep a copy of it. The direct sellers should maintain stock register of his retail sales.

48. Direct Seller should explain the details about the products to a customer within the limit of permissible quality claimed by the company.

49. Direct Seller who is doing business in states other than where IDTPL is having office will be doing it at their own risk.

50. IDTPL has all the rights to take appropriate disciplinary action against a Direct Seller.

51. I am not employed or relative of employee of IDTPL or its related companies. I am aware that one family shall have only one Direct Seller ID and if there is more than one Direct Seller ID in one family all the membership shall stand terminated.

52. A Direct Seller cannot sell offers for sale of IDTPL Products on the e-commerce platform/marketplace.

53. A direct seller shall obey all the Policies, Procedures, Terms, Conditions and Compliance mentioned in the website from time to time.

54. Apart from the above, the Direct Seller of the Company shall have the following obligations to follow;
(a) Direct Seller engaged in direct selling should carry their identity card and not visit the customer’s premises without prior appointment/approval;
(b) At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the direct selling entity, the nature of the goods or services sold and the purpose of the solicitation to the prospective consumer;
(c) Offer a prospective consumer accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, terms of the guarantee, after-sales service;
(d) Provide the following information to the prospect/consumers at the time of sale, namely:
i) Name, Address, Direct Seller Identification Number, Identity proof and Telephone number of the direct seller and details of direct selling entity; ii) A description of the goods or services to be supplied;
1. Explain to the consumer about the goods return policy of the company in details before the transaction;
2. The order date, the total amount to be paid by the consumer along with the bill and receipt;
3. Time and place for inspection of the sample and delivery of goods;
4. Information of his/her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid;
5. Details regarding the complaint redressal mechanism;
(e) A direct seller shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details with respect to the goods sold by them, in such form as per applicable law.
(f) A direct seller shall not:

1. i) Use misleading, deceptive and/or unfair trade practices;
2. ii) Use misleading, false, deceptive, and/or unfair recruiting practices,
including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective direct seller, in their interaction with prospective direct sellers;
3. iii) Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled;
4. iv) Present any advantages of Direct Selling to any prospective direct seller in a false and/or a deceptive manner;
5. v) Knowingly make, omit, engage, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and agreement between the Direct Selling entity and the direct seller, or the goods and/or services being sold by such direct seller which is false and/or misleading;
6. vi) Require or encourage direct sellers recruited by the first-mentioned direct seller to purchase goods and/or services in unreasonably large amounts;
7. vii) Provide any literature and/or training material not restricted to collateral issued by the Direct Selling entity, to a prospective and/or existing direct sellers both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity;
8. viii) Require prospective or existing direct sellers to purchase any literature or training materials or sales demonstration equipment.

55. Any notice or correspondence/s to be addressed to the Direct Seller to this agreement shall be done when sent to their respective address mentioned in this agreement and such notice/s, correspondence/s shall be deemed to have been served on the respective parties if addressed and caused to be sent through Registered Post Acknowledgment Due, designated courier service or by way of personal delivery. In the event of there being a change in the address of the Direct Seller, the same shall be duly intimated to the Company by way of writing delivered in person. Should the Direct Seller not intimate the Company of the change in the address, notice/s, correspondence/s, and in pursuance thereof is not entitled to take any advantage/s, benefit/s, accrued by reason of non-delivery of such notice/s, correspondence/s.

56. Termination: apart from above-mentioned clauses regarding termination, the company has right of termination of this agreement on the following circumstances;
(a) If the Direct Seller has not made any sales of goods for a period of 2 years from the date of the agreement or from the date of the last sale made, this agreement shall be terminated automatically by the Company, without issuing a notice in this regard to the Direct Seller.
(b) That is, if the Direct Seller fails to purchase goods from the Company within four (4) weeks from the date of Agreement, he can retrieve his PAN by requesting the same to company by e-mail. An active Direct Seller can retrieve his PAN by sending the resignation and the retrieval shall come in force after 3 months. A Direct Seller inactive for the past 6 months can retrieve his PAN with immediate effect by requesting the same.
(c) If the Direct Seller violates/infringes/breaches any of the obligation cast on him/her under this Agreement, the direct seller shall forthwith stop acting as a direct seller of the Company and his/her ID will be kept on hold until the completion of inquiry. The Company will give show cause notice to the direct seller regarding the breach of the obligation and after inquiry, if found that there are violation/infringement/breaches by the direct seller, the company shall be authorized to terminate this Agreement after assigning reasons in writing. That is, if the direct seller continues to violate the terms of this agreement, after notice from the Company, the company reserves the right to terminate this agreement without further notice to the direct seller.
(d) The term of this Agreement is two years; subject to earlier termination in accordance with this Agreement or in accordance with the law. I may renew the Agreement when notified by IDTPL., where it may refuse to renew this Agreement, for any reason, if this Agreement is not renewed, or if it is terminated for any reason, I understand that my right to sell the products and receive incentives with respect to my activities as a Direct Seller will cease. IDTPL reserves the right to terminate this Agreement:
(1) At any time upon 30 days’ notice if it elects to:
(a) Cease business operations;
(b) Dissolve as a business entity;
(2) At any time, upon not less than 7-days’ notice and without further notice if I breach this Agreement and fail to remedy the breach before the end of the stated notice period.

56. I, the Direct Seller shall entirely indemnify M/s. IDTPL, of all liability, damages, and penalties that might be imposed upon M/s. IDTPL by any statutory body/s due to my negligence, unlawful and illegal activities in discharging my duties as a direct seller. I, the direct seller bind myself to abide with the aforesaid terms and conditions in the Agreement and law of the land, in default of which I hereby undertake and bind myself to indemnify the losses which might occur to M/s. IDTPL.

57. Arbitration: In the event of there being any difference, disputes, discrepancy, ambiguity, or matter concerning interpretation of the terms of this agreement, the same shall be mutually resolved amongst the parties hereunto, however, should the parties desire that such disputes, discrepancies, ambiguity or any interpretation needs to be judicially interpreted the same shall be referred to as a Sole Arbitrator to be appointed by M/s. IDTPL, in terms of provisions of the Indian Arbitration Act, 1996 and the arbitration shall be held in English and the award passed by such Sole Arbitrator shall be final and effectively binding on the parties hereunto this agreement. The place of arbitration shall be at Bangalore.

58. The direct seller or the customers can approach the Grievance Redressal Committee constituted by the M/s. IDTPL, for its grievance.

59. I accept the advice given by the Direct Seller Advisory Council (DAC) of the Company that binds me, as I accept DAC as the representatives of the entire network of Direct Sellers.

60. Updated all details of M/s. IDTPL, its Contact Information, its Management, its Products, Product Information, and Product Quality Certificate, Price, Income Plan, Complaint Redressal Mechanism and other relevant information is available on the website of the Company. It’s the duty of a direct seller to get updated timely. 61. Amendments: IDTPL may be required to amend the Agreement/compensation plan from time to time. IDTPL agrees to notify me of the amendments, which I may accept or reject. If I reject the amendments, I agree that IDTPL shall consider my agreement as terminated and I shall not act as a direct seller of the Company as on the date of such termination.

IMPORTANT NOTICE:
I state and agree that I have read and understood the contents of the above Agreement and IDTPL’s policy & procedure and I agree to be bound by each of them and will comply with the same. By signing or clicking below, I acknowledge the receipt of my responsibilities. If I found to be violating even one of the conditions and obligations set forth above, I shall be liable to bear penalties, termination of agreement and legal action by IDTPL. I acknowledge that I am satisfied with all the aspects of IDTPL and taking the Direct Seller ID on my own will and accord.

Note: “Agreement” means the completely filled Application Form, Contract / E contract along with the Terms & Conditions mentioned on the website that was accepted by an Independent Direct Seller and subsequently accepted by the Company.

Confirm to the same by ticking on “I Agree” (acceptance)