Terms Of Service
Redpool Direct Seller Agreement
This Redpool Individual Direct Seller Agreement `Redpool` is entered into on dated this 01 day January 2023 (“Date of Registration”) and shall be deemed to have taken effect from ——— day of ——————————– (Agreement Commencement Date) is entered into
By and Between
Redpool India Private Limited, a company registered under the Companies Act 2013, and having its registered office at:- UGF-01, Plot NO. -153, Gyan Khand-1, Indirapuram, Ghaziabad, Ghaziabad Uttar Pradesh, 201014, India. And represented by authorized Representative herein after referred to as “Company”, which expression shall mean and include its successors and permitted assignees
And
Mr.……………………………………………………………………… S/o , D/o……………………………………………………………………… having PAN Number / Aadhar Number / Passport Number ___________________ and R/o herein after referred to as “Independent Distributor”, which expression shall mean and include its successors and permitted assignees.
Redpool and Individual Direct seller are hereinafter collectively referred to as the” Parties” and individually as a “Party”. WHEREAS, Company is engaged in the business of Bags & Luggage, Money Purse, hand Bags, Belt, Tie, Fashion Apparels and Home Garments manufacturing or Making through outsourcing Designing development of the and also Trading and marketing of Bags & Luggage, Money Purse, hand Bags, Belt, Tie, Fashion Apparels and Home Garments and Readymade Garments products through direct selling model as per the guidelines of direct selling 2016 by Ministry of consumer affairs, Government of India
WHEREAS, Individual Direct seller understands, agrees the objectives and features of the products & business opportunity with calculations of product sales commission in the Revenue plan, also understands, agrees that business opportunity offered by the Company is a direct selling business, not a money circulation scheme, not a Ponzi scheme, not a High yield investment program and not a Get quick rich scheme and Individual Direct seller is interested and eligible to run and operate or act as Individual Direct seller of the Company to sell the Company’s products and hereby understands and abide the guidelines issued by Ministry of Consumer Affairs, Government of India with respect to direct selling guidelines.
WHEREAS, Individual Direct seller is interested in becoming a direct seller for the company on his own volition, without any pressure, duress or undue influence and eligible to run and operate or act as an Individual Direct seller of the Company to sell the Company’s product. Now this Agreement witnesses as under:
Definitions
- In this Redpool Individual Direct seller Agreement the following capitalized terms shall have the following meanings:
- “Act” means the Consumer Protection Act, 1986 (68 of 1986).
- “Agreement” means the distributors / direct seller terms and conditions on online registration form and duly signed physical distributor registration form.
- “Redpool” means Redpool India private limited a company registered under the Companies Act, 2013 having its registered office at Ghaziabad, UP.
- “Redpool Business” means the aggregated rights, duties, and privileges of a Distributor/ Direct Seller to conduct business with Redpool.
- “Company Sales Volume” means Sum of Sales volume Assigned to Product units sold in a week.
- “Company’s Website” means the website having the address www.redpool.in & or any other Website as may be prescribed by the Company.
- “Confidential information” means Company’s proprietary information, technical data, trade secrets or know-how, research methodology, services, customer lists and details of customers, inventions, processes, formulas, technology, designs, drawings, marketing, finances, market strategies and any other information disclosed to Independent Direct Seller / Distributor either directly or indirectly, in writing or otherwise, or which may have come into Independent Distributor’s knowledge by reason of his/her relationship with the Company.
- “Cooling-off period” means the duration of time counted from the date when the Independent Direct Seller / Distributor and Company enter into an Agreement and ending with the date on which the contract is to be performed and within which the Independent Distributor may terminate the agreement without being subject to penalty for breach of contract.
- “Direct Selling” means marketing, distribution and sale of Products and Goods or providing of services as a part of network of Direct Selling other than under a pyramid scheme.
- “Goods” means goods defined in the Sale of Goods Act, 1930.
- “Independent Direct Seller / Distributor/ Affiliate / Brand Ambassador” means a person, who fulfills all the terms and conditions of the Company and who has applied to the Company to sell the Products of the Company and thereafter has been appointed as an Independent Direct Seller / Distributor/ Affiliate / Brand Ambassador and his name has been included in the database of the Company as Independent Direct Seller / Distributor / Affiliate / Brand Ambassador.
- “Independent Direct Seller Number” (DS) means unique Identity number assigned to the direct seller by the company.
- “Official Documents” means Official Documents includes Company’s Sales and Marketing. Plan; Rules of Conduct; Compensation Plan; Privacy Policy; Company’s Policies and Procedures etc., whether posted on the Company’s website or available in hard copies at the request to the Company.
- “Products” shall mean all the products of the Company including those provided / sold / supplied to the Independent Distributor.
- “Resident in India” for the purposes of this agreement, resident in India shall mean a person who resides for more than 250 (two hundred fifty) days in India in a previous year.
- “Saleable” shall mean with respect to Products or Goods, unused and marketable, which has minimum 8 months left for its expiry date, and which is not seasonal, discontinued or special promotion Products or Goods.
- “Sales Team” means an Individual Direct seller/ Distributor’s sales team/ downline / Leg.
- “Sponsor” means a Distributor who introduces to Redpool an applicant for authorization as an independent distributor who in turn becomes an independent Distributor by virtue of Redpool’s acceptance of his distributor application. Personally sponsored distributor has a corresponding meaning.
- All the terms used in these Rules that are defined or explained in the Redpool Sales and Marketing Plan shall have the same meaning as given in the Redpool’s Revenue / Compensation plan or Sales and Marketing Plan.
- “Line of Sponsorship’ shall include in an ascending manner the Sponsor of a Distributor, the Sponsor’s sponsor, and so forth and shall end at Redpool.
2. Contact of Distributorship / Direct Selling Agent / Business Partner / Brand Ambassador
This document along with the Distributor application form, when fully completed signed by the applicant(s) and duly accepted by Redpool India Pvt Ltd shall constitute the distributor agreement henceforth referred as “agreement” between Redpool and the applicant(s) whose signature and other identification data appear on the Application Form.
An applicant to become a Distributor/ Direct seller of Redpool must Fill up, sign and file a Distributor Application for authorization to become an Independent Distributor/ Direct seller/ Business Partner and sell Redpool products. Distributorships may be taken up in individual capacity, as sole proprietorship concerns, or partnership firms. Distributor Application Form duly filled in all respects and accompanied by necessary documents like Pan Card, Address Proof, Bank Details with NEFT code etc should be deposited in Redpool registered offices and upload at company website (www.redpool.in).
Acceptance or Rejection of Application: Redpool reserves the right to accept or reject any application to be a Distributor without having to give any explanation whatsoever.
- Redpool appoint the overleaf – Identified applicants as a distributor of redpool PRODUCTS AND THE APPLICANTS products and the applicants(s) (herein after individually and collectively referred to as the Distributor”) accept(s) such appointment. Distributor may, on a non-exclusive basis, purchase Redpool products from Redpool, to resell, to consume distribute and market in the territory of India. However Distributor would not engage in selling of products compelling with Redpool universe from any of the source.
- Company hereby appoints Direct Selling Agent as its non-exclusive selling agent for the services in the territory, and Direct Selling Agent hereby accepts such appointment. Direct Selling Agent’s sole authority shall be to solicit customers for the services in the territory in accordance with the terms of this agreement. Direct Selling Agent shall not have the authority to make any commitments whatsoever on behalf of Company.
- Distributor hereby confirm that He/ She has entered into this Agreement as an independent contractor. Nothing in this agreement shall establish an employment relationship, or any labor relationship between the Distributor and Redpool, and nothing shall establish the Distributor’s position as procurer, broker, commercial agent, contracting representative or other representative of Redpool. When purchasing and selling Redpool products, the Distributor shall act as an independent vendor, acting in his/her own name, at his/her own responsibility and for his/her own accountant.
- Distributor shall not sell any Redpool product for a price exceeding the maximum Retail Price. Distributor may charge, at his discretion, any price that is lower than the maximum Retail indication on the label of any product or in any, then applicable, price list issued by Redpool.
- Relation between Redpool and the Distributor and all his/ her activities hereunder shall be, in addition to this agreement, by the rules contained in the Redpool starter Guide which includes the Redpool sales and marketing plan and code of conduct. The distributor confirms that he/she has received a copy of official documents and has read the terms and conditions thereof and agree to be bound by them in addition to this agreement. Redpool may amend from time to time, any of the terms and conditions of the Official Documents through notice on its website www.redpool.in . If any Distributor does not agree to be bound by such amend he/she may terminate this agreement within 45 days of such publication by giving a written notice to Redpool. Distributor’s continued relationship with Redpool would constitute an affirmative
- Acknowledgement by the Distributor of the amendment and
- Agreement by the distributor to abide and be bound by this agreement, official documents and its modifications.
- This agreement becomes effective from the date of acceptance by Redpool of the Applicant’s contractual offer in the form of this fully completed Direct seller application form. Such acceptance shall be communicated by sending to the Direct seller in Redpool Distributor database, whichever is earlier. The Direct seller identification card is and shall remain the property of Redpool and Direct seller shall return it to Redpool without any delay upon termination or expiration of this agreement.
- The Co-Applicant/ second Authorized Representative acknowledges that Redpool will deal exclusively with the primary Applicant / Authorized Representative in respect of all business matters, and also pay commission and /or any other incentives to and in the name of the Primary Applicant/ Entity.
- Redpool will make all payments on account of returns or refund through Bank transfer/ account payee cheque drawn in favour of Primary applicant/ Entity only.
- The Distributor agrees to receive sms & email notifications from its affiliates concerning their Redpool Business.
- The Distributor need to activate the distributorship within 60 days of joining to get all benefits like incentives Bonuses and Reward & Recognition. Redpool Company has attractive packages (a set of products) of its different price and products for retailing/ self consumption. See Packages on company’s website www.redpool.in. Failure to active the distributorship will result in not able to get incentives Bonuses and Reward & Recognition, only direct sales commission will be earn.
- The distributor will be allowed to sponsor a prospect into the Redpool business only after activating his/her distributorship.
- This agreement is effective for an initial definitive period of one (1) year from the date of acceptance hereof by Redpool. All distributors are required to renew their distributorship for the following year on year. Redpool reserve the right, at its complete discretion, to reject any application for renewal.
- The Direct seller may terminate this agreement at any time by giving a written notice to Redpool. Redpool may terminate this agreement by giving a written notice (a) pursuant to the provisions of the Rules of conduct; (b) for reasons of non–activity and (c) for the breach of any terms and condition of this agreement.
- Redpool may reject this application for any reason, at its discretion, including if the application contains incomplete, inaccurate, false or misleading information. Any alteration or modification will be subject to verification.
- This agreement is entered into on a personal basis and neither this agreement nor any of the rights or obligations of Direct seller arising under this agreement may be assigned or transferred without the prior written consent of Redpool.
- Redpool liability, whether in contractor or otherwise arising out of or in connection with this agreement and/ or relationship arising there from shall not exceed the lesser of (a) actual damages or loss assessed by the arbitrators any other dispute resolution mechanism adopted by the parties or; (b) the total commission earned by the Direct seller during the preceding six months of the date of dispute.
- Any dispute, differences or claim arising out of as in connection with this agreement shall be submitted to binding arbitration and shall be referred to the sole arbitrator appointed in accordance with the rules and regulation. The venue of such arbitration shall be Lucknow.
2. Obligations of the Direct Seller
Direct Seller is not authorized to make any other promise to prospective Direct Sellers other than those made by the Company on its website, under this Agreement and in other official Company material relating to this Agreement. The Company shall not be liable for any act of omission or incentives, misrepresentation, false commitment and promises made by any Direct Seller to the prospective Direct Seller/User while introducing the Product/Package/Services of the Company. At the time of Agreement, if any Direct Seller while trying to enter into Agreement with the prospective Direct Seller makes some false commitment, misrepresentation and promises such prospective Direct Seller can write a complaint against the Direct Seller to the Company. Company will take appropriate action against such Direct Seller but Company shall not be responsible and liable for such acts of Direct Seller.
The specific legal obligations of the Direct Seller but not limited to the same as applicable under the law are listed as below:
- You are authorized to appoint further Direct Sellers as part of your team.
- You are obligated to abide by the Remuneration plan as per plan on website and is subject to change without prior notice.
- Do not prepare/distribute any literature/advertisement without Company’s written permission. (newspaper/print/online/whatsapp etc)
- Before starting for sales, orientation program and training is mandatory.
- Do not provide wrong commitment or misleading factual representation to prospective client. Only inform the actual facts.
- Ensure that the direct sellers in your team/group do not prepare/distribute any
literature/advertisement without Company’s written permission (newspaper/
print/ online /whatsapp etc).
- Ensure that direct sellers in your team/group have before starting for sales,
attended orientation program and training which is mandatory for all.
- Actual information of customers in your team should be shared with Company.
In no case any Direct Seller or his team member would provide wrong or
incomplete information for any sales.
- You are prohibited to induce or provide wrong commitment to existing direct
sellers of your team or other team members.
- Ensure that no wrong doing / breach of contract terms is done by any other direct seller in your presence/knowledge.
- If anyone induces you to work with him as direct seller, inform immediately to Company.
- Ensure that there is no cash mismanagement by you or your team members.
- Inform immediately to the Company If any seniors/management people ask you to do any wrongful act.
- You have to submit filled purchase form, along with customer ID proof witnessed by you to Company. In case purchase form is missing, note all personal details on a paper and ask customer to write that he has understood the package completely and submit this copy.
- You have to submit your bank and PAN details before generation of any compensation.
Eligibility
- Any individual can apply to become an Independent Distributor of the Company, provided he or she:
- Is a citizen of India and resident in India.
- Is of more than 18 years of age.
- Is capable of contracting as per the Indian law and He must not be in jail and/or confined to any correctional institution of any kind.
- Abides with the guidelines issued by Ministry of Consumer Affairs, Government of India with respect to direct selling guidelines
- No one can hold more than one Independent Distributorship in the Company or have any kind of interest, right, whatsoever in the Independent Distributorship of another person unless granted by the Company in writing or acquired as a beneficiary.
- Any person/ individual who does not fulfill the criteria as laid down in point number 1 above shall not be eligible for being or becoming an Independent Distributor of the Company.
- If any existing Independent Distributor of the Company at any point of time ceases to fulfill the eligibility criteria as laid down in point number 1 above, his/her Independent Business Owner Number “ID number” shall be deactivated with immediate effect and all the Product sales commissions accrued or to be accrued till the date of deactivation would stand cancelled/ forfeited and no further Product sales commissions or benefit shall be credited to such deactivated IBO number unless such IBO number is reactivated by the Company after such Independent Distributor fulfills the eligibility criteria as laid down in point number 1 above.
- General Duties
Direct Selling Agent shall use his best efforts to promote the product and maximize the sale of the product in the territory. Direct Selling Agent shall also provide reasonable assistance to Company in promotional activities in the territory. Direct Selling Agent will assist the company by taking part in all promotional events, use the marketing inputs judiciously for maximizing orders for the company. General Terms and Conditions applicable on the Parties:
- The Company reserves its right to change the Terms and Conditions of the Agreement under which the Product/Services and business opportunity of the Company are being offered.
- The Company reserves the right to deny, in its sole discretion, before/after termination of this Agreement, user access to web site, facilities, products or services, without any notice or reason.
- This Agreement constitutes the entire Agreement between the parties on the subject matter thereof, however, Direct Seller/User understands that any Commitment, Terms and Conditions, as displayed on the website of the Company, will be treated as integral part of this Agreement , which would be binding on both party. No additional promises, representation, guarantees / Agreements of any kind, shall have any validityconcerning the subject matter of this Agreement, unless the same is in writing and is agreed upon and signed by an authorized Direct Seller of the Company in hard copy form.
- If Direct Seller refers/recommends the Products/Services of the Company to some other prospective user, and consequently decided to accept some incentives being offered by the Company, then the Direct Seller will be bound by this Agreement/Terms and Conditions on the subject contained elsewhere in the Company web-site, and the same Agreement/Terms/Conditions, will form a binding contract between the user and the Company, and will be enforceable in the same manner as this Agreement, being subject to the same restrictions on jurisdictional.
- Direct Seller agrees that the latest version of this Agreement, available on the Company’s web-site, without any modification whatsoever, will be the operative version of this Agreement which would be updated from time to time and any modification of this version of the Agreement by any User/Direct Seller with malafide intent will be liable to be prosecuted under the relevant provision of the law in force. The operative intent of this clause will extend to all terms, conditions and notices, which are ancillary/incidental to this Agreement, including any such Terms and Conditions which may be contained in the Company’s web-site or in any other web-site/web page which is also operated by the Company or its affiliate, including any such sites or pages which can be accessed by links contained in the web-site of the Company.
- Headings to clauses in this Agreement are for the purposes of references only, and shall not be construed as indicative for the purpose of interpretation of any clause.
- If there is any conflict between the currently available user Agreement and other documents, the latest available user Agreement available on the Company’s website shall govern, whether such other documents are being made/created prior to or subsequent to latest available user Agreement.
- The Company does not owe any responsibility whatsoever for any Loss, Damage or Distress to any person, whether or not a purchaser of our Products/Services on account of any action taken or not taken on the basis of our Product/Business.
- Direct Seller interested to promote business must examine their Country/State/Province laws. Company will not be responsible in any ways if any Direct Seller is promoting the business without examining their Country/State/Province laws. However, our Products/Services could be purchased only for self use from anywhere.
- In case of any dispute only latest information on our website will be used.
- Any lawsuit or bad propaganda against the Company by any Direct Seller will immediately disallow all pending, forthcoming as well as ongoing. Incentives without any notice.
- If we find any Direct Seller involved in misguiding/spreading misunderstanding to other Direct Sellers about the Company’s rules/policies/activities/ functioning directly or indirectly, would amount to immediate suspension of all pending, forthcoming as well as ongoing incentives without any prior notice.
- Company releases the earned incentives only to the Direct Sellers who are 18 years of age and their PAN is received by us. If you have not acquired the age of 18 or not have sent a photocopy of your PAN card, you are not entitled to receive any incentives.
- It is the duty of all the Direct Sellers to follow all the Terms and Conditions. we are a Indian Company set up ‘for providing Product/Services. It is neither possible for us to have any control nor have any way to know for any violation done by any Direct Seller unless we receive any complaint. Any action for any violation as indicated on our website would be initiated only .after receiving a genuine complaint where the matter seems to lie in our jurisdiction. However, all our Direct Sellers are independent so they are responsible for their own wrong doings in their respective jurisdiction/States/Provinces/Countries and the affected Direct Sellers/or deemed to be Direct Sellers can directly take legal action against these wrong Direct Sellers directly in their respective jurisdiction.
- Only information available at our website related to Company should be given to other Direct Sellers/Guests for promotion of Business. Any Direct Seller violating this will not be allowed to promote our Business/ anymore and his/her all pending, forthcoming as well as ongoing incentives will immediately be stopped.
- The contract/agreement would automatically be renewed on the completion of the conditions as given on our website.
- Direct Sellers are strictly warned not to pay or accept, as the case may be, any cash payment to/from other Direct Sellers or Customers. Personal and Payment information must be verified by the Direct Seller before signing the DECLARATION on the Invoice Form. Direct Sellers must keep a photocopy of the Invoice Form. The original Invoice Form and cost of the Product or reference of payment made has to be sent to the Company. Company will not be responsible if any payment is made/accepted to/by any Direct Seller through any mode other than prescribed by the Company, and Company will not be responsible for any loss (if any). The Direct Seller himself/herself will be responsible for any such loss (if any).
- Direct Sellers residing outside India are not allowed to earn any incentives within India.
- All senior Direct Sellers are expected to promote Business with full zeal and enthusiasm on regular basis and expected to periodically organize business/ Product/ Plan meetings and business building seminars.
- Development Programme in a month should be conducted/organised to teach/ train to their team about the existing Terms and Conditions/ FAQs/ Updates/ Changes on our website and Development of various required skill for promotion of the Business.
- It is the duty of the Direct Seller to provide correct information and follow all the rules of the Company. Also it is the duty of the Direct Seller to verify all the information given to him by visiting our Company website. Company will not be responsible for any wrong information given by Direct Seller which is accepted without verification. However, if a written complaint against the Direct Seller is send to us about promoting wrong information, this may amount to warning or termination from the Business of that Direct Seller without any compensation subject to verification of the complaint. Any loss occurred to anyone due to wrong information provided by the Direct Seller would be the responsibility of the Direct Sellers. Company will not be responsible if anybody has purchased our product by accepting wrong information, i.e. without verification from Company website.
- Any sale done against the Terms and Conditions of the Company by way of misrepresentation or otherwise solely for the purpose of earning incentives is not allowed and any Legal problem or losses arises due to this will completely be the responsibility of the Direct Seller.
- Any “Direct Seller” cannot join/commence any other Business of similar nature directly or indirectly or through any other closely related family persons or any entity controlled by himself/herself during the subsistence of this contract or for a period of at least three months after the expiry of his/her agreement with the Company. Even after expiry of three months such Direct Seller (if any) cannot work with the existing Direct Sellers of the Company for conducting/ commencing the Business of similar nature. Violation of this will be viewed as a serious misconduct and will be subjected to severe legal action to be taken by the Company and directly by the affected Direct Sellers both under the Civil Law and Criminal Law.
- No Direct Seller in any circumstances is allowed to use other Direct Sellers for conducting/commencing any Business of any nature during or after expiry of his contractual agreement with. Violation of this will be viewed as a serious misconduct and will be subjected to severe legal action to be taken by the Company under the Civil Law and Criminal Law.
- If we receive any complaint from our Direct Seller that anyone of our existing Direct Sellers is involved in misguiding/spreading misunderstanding about the Company’s rules/policies/activities/functioning directly or indirectly or violating many rules and regulation of the Company, then Company reserves the right to suspend all pending, forthcoming as well as ongoing incentives with immediate effect without any notice and would be prosecuted under the Civil/Criminal Law along with severe penalties.
- Multiple business IDs created on the name of other family members solely for the purpose of generating more income would not be permitted. In case of any violation all pending, forthcoming as. well as ongoing incentives on all the multiple created family members’ positions will be disallowed.
- Any anti-social activity/manhandling to any Direct Seller by any other Direct Seller would automatically disqualify forever from all pending, forthcoming as well as ongoing incentives.
- Direct Seller willing to participate in our Business Plan must understand that Selling/Learning to Sell is the most difficult task and Teaching Training the Sale Force is even more difficult. Attending continuous Training Programmes organized by the Company for Learning/Developing various skills have proved very helpful for promotion of our Business. Compulsory meetings organized by the Company are mandatory and non-attendance to such meetings would attract immediate suspension/termination or penalty of any nature depending on the circumstances of the case. The decision of the Company in this regard would be final and at the sole discretion of the Company.
- While working with the Company or even after the termination of agreement/contract as a Direct Seller, you still need to follow all the applicable conditions and you should not divulge the important and secret information pertaining to our Business to anybody either inside the Company or any outsider. In case the management found misconduct of divulging any information, technical knowhow and the secrets of our Business, you will be subjected to severe Legal course of action.
- Any Direct Seller is not permitted to discuss any other matter which is not related to services, while communicating (via any mode) with staff members/employees and is not allowed to take the personal phone numbers/email ids/addresses etc. of staff members/employees for any purposes and not allowed to meet privately with any staff members/employees, violation of this would amount to immediate termination from the Programme of the Company.
- We may add/delete any existing Products/Services at any time and may amend existing Terms and Conditions/Agreement at any time due to any reasons which are in the interest of Company’s Business/ and the decision of the Company in this regards would be final. During the Subsistence of the agreement or thereafter, if any amendment/amendments are made then the effect of such amendments will be retrospective.
- It is mandatory for all the Direct Sellers to visit our website at least once in a week to see the recent Changes/Modifications/Updation and seek clarification (if needed).
- Company reserves the right to change the Business Plan in case Govt. Policy/Law in force changes.
- Selling Direct Sellers are strictly warned not to accept/ collect any cash payment from any other person on behalf of the Company. If any Direct Seller found indulged into this, then he/she would be terminated from his/her position and/or his/her other closely related family position or any entity controlled by himself/herself immediately and all the pending, forthcoming as well as ongoing incentives with respect to these positions will be stopped without any notice.
- Each and every Direct Seller who has generated incentives income must satisfy to the Company that he has actually rendered services for the incentives earned, failing which the incentives earned would be denied.
- Even if the Direct Seller have quit the Company or have been terminated due to any reason, he/she would be liable for any Business developed/Sale made against the Company’s policy or by way of any misrepresentation, cheating or fraud. Company will not be responsible for their such acts.
Cross Sponsoring/Cross Recruiting.
Direct Seller understands that cross sponsoring, cross recruiting and cross line jumping are prohibited in the Company’s Business Program. This may result in the imposition of penalty/suspension/cancellation/revocation of his/her product/Services and as more fully set forth hereafter, but may include immediate termination from Business Programme without passing of any benefits or revenue/payout payable to such Direct Seller/prospective applicant. “Cross sponsoring” means soliciting Direct Seller or any closely related ‘person or entity into an organization different from the existing organization for that Direct Seller, or a closely related person or entity. “Cross jumping” means an associated or any closely related person or entity voluntarily taking a business that is not In the same down line as the one in which the Direct Seller first was placed. “Closely related person or entity” is any person in the household of the Direct Seller [e.g. Spouse, Son, Daughter, Parents) or any Legal entity which is controlled by the Direct Seller.
4. Reserved Rights
Company reserves the right to solicit/engage other Agents, Direct Selling Agents directly from businesses within the territory. Direct Selling Agent’s task is to solicit customers from all potential businesses in the territory.
5. Conflict of Interest
Direct Selling Agent warrants to Company that it does not currently represent or promote any Product that compete with the Company’s Products. During the term of this Agreement, Direct Selling Agent shall not represent, promote or otherwise try to sell within the Territory any Services that, in Company’s judgment, compete with the Services covered by this Agreement.
6. Independent Contractor
Direct Selling Agent is an independent contractor, and nothing contained in this Agreement shall be construed to
(i) Give either party the power to direct and control the day-to-day activities of the other.
(ii) Constitute the parties as partners, joint ventures, co-owners or otherwise, or
(iii) Allow Direct Selling Agent to create or assume any obligation on behalf of Company for any purpose whatsoever. Direct Selling Agent/ Business Partner is not an employee of Company and is not entitled to any employee benefits. Direct Selling Agent shall be responsible for paying all income taxes and other taxes charged to Direct Selling Agent on amounts earned hereunder. All financial and other obligations associated with Direct Selling Agent’s business are the sole responsibility of Direct Selling Agent.
7. Indemnification by Direct Selling Agent
Direct Selling Agent shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of negligence or malfeasant acts of Direct Selling Agent or misrepresentation or breach of any obligations under this agreement:
7.1 Purchase of Company Products:
- 7.1 It is Company’s policy to strictly prohibit the purchase of Company Products in unreasonable large quantities which is little difficult to sell quickly, solely for the purpose of qualifying for product sales commission or rewards offered by the Company.
- 7.2 The Direct seller must not unnecessarily purchase unreasonable huge volume of Products or Goods which is little difficult to sell quickly nor encourage other Independent Distributors to do the same.
- 7.3 A Direct seller must only resell and market Company Products, as provided by the Company to him / her from time to time.
- 7.4 The payment to purchase the products shall be payable to the company directly and not to any other person or entity. The company shall not be liable for any payments made to any other Direct seller or any person or entity, other than the company.
- 8. Commission
8. A. Sole Compensation
The Company shall pay the Direct Selling Agent a commission at such rate as may be communicated by the Company in writing to the Direct Selling Agent, for whole or part of the services hereto, based on the Maximum Retailing Price of the product as fixed by the company on every new order. This commission will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of commission from time to time and the same shall be intimated to the Direct Selling Agent in writing by the Company.
8.B. Basis of Commission
The Commission shall apply to all sales orders from customers solicited by Direct Selling Agent. (Customers defined as an individual or a company who have bought the product from the Direct Selling Agent for their own use.) No commissions shall be paid on
(i) Orders solicited directly by Company within the Territory;
(ii) Orders received from outside the Territory unless otherwise agreed in writing by Company.
(iii) No commission will be paid to the Direct Selling Agent until 100% payment pertaining to the order is received. The company reserves the right to change the commission / prices on products as and when required for affiliate / direct selling agent / Business Partner’s or for the company development.
8.C. Time of Payment
The commission on all PAID ORDERS shall be due and payable within ten (10) working days after the Direct Selling Agent raises invoice or after cooling off period.
8.D.. Monthly Statements
The Direct Selling Agent shall submit to the company the monthly statements of commissions due and payable to Direct Selling Agent under the terms of this Agreement.
- 9.Sale of the Product
9 A. Prices and Terms of Sale
Company shall provide Direct Selling Agent with copies of its current market price and this is subject to change and the sole discretion of the same lies with the company, its payment schedules, and all Rules and Regulations and other material available for sales presentation and customer’s information. Direct Selling Agent shall quote to Customers only those authorized prices, payment schedules, and terms and conditions as informed by Company.
The services will be activated only after receipt of 100% payment pertaining to the order. The company will not refund any money in part or in full after payment on order is once received.
9 B. Acceptance
All requests for service obtained by Direct Selling Agent shall be subject to acceptance by Company and all quotations by Direct Selling Agents shall contain a statement to that effect. Direct Selling Agents shall have no authority to make any acceptance or commitments to customers. Company specifically reserves the right to reject any request for service or any part thereof for any reason, Company shall inform Direct Selling Agent of any written acceptances on commissionable applications/orders.
10. Collection
Full responsibility for collection of payment from customers rests with Direct Selling Agent.
- 10. Additional Responsibilities of Direct Selling Agent
- 10.1. Expense of Doing Business: Direct Selling Agent shall bear the cost and expense of conducting its business in accordance with the terms of this Agreement. This would include salaries for the staff of the Direct Selling Agent who are engaged in the business of selling the products of the Company, expenses related to communications, telecommunication, mailing, conveyance and business entertainment if required. The company will not entertain any re-imbursement on any expense made by the Direct Selling Agent other than the commissions.
- 10.2. Promotion of the Products: Direct Selling Agent shall make efforts to promote the sale of and stimulate demand for the Services within the Territory by direct solicitation. In no event shall Direct Selling Agent make any representation, guarantee or warranty concerning the Services except as expressly authorized by Company. The Company will take care of all online promotions on their website and ensure lead generations. Use of company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Direct Selling Agent should be first approved in writing by Redpool before being implemented.
- 10.3 Independent Direct seller / Business Partner & Customer Service: Direct Selling Agent shall inform and assist customers on Company’s Services, and shall perform such additional customer services by e-mail, phone and fax, whenever needed, as good salesmanship requires and as Company may reasonably request.
- 10.4. Books and Records: Direct Selling Agent shall notify Company of any Customer’s complaints regarding either the Services or Company and immediately forward to Company the information regarding those complaints.
- 10.5. Franchises and Territories: No Distributors shall represent to anyone that there are exclusive franchises or territories available under the Redpool Sales and Marketing Plan. No Distributor shall represent that he or she, or anyone else has the authority to grant, sell, assign, or transfer such franchises or to assign or designate territories. No Distributor or Sponsor may state or imply that he or she has a given territory, nor that any other distributor is operating outside his territory. Redpool independent distributor have no territorial limits they can operate anywhere within in India.
- 10.6. Non Redpool product selling Activity: Distributors/ Direct Seller may engage in selling activities related to non-Redpool approved or non Redpool produced products and services if they personally desire to do so, but they may not take advantage of an activity organized, especially to promote Redpool’s Products or Redpool, or any other Distributor’s effort or resources, or of their knowledge of, or association with, other Redpool Independent Distributors/ Direct Seller to promote and expand their non-Redpool businesses. To do so constitutes an unwarranted and unreasonable interference in the business of other Redpool Independent Distributors / Direct Seller. This does not mean, however, that a Distributor regularly engaged in the operation of a petrol pump, repair garage, retail establishment, barber or beauty shop, or a professional service (law, medicine, dentistry, or accounting) may not serve clients or customers who are Redpool Independent Distributors/ Direct Seller and have sought them out but it does not mean that such distributors may not actively solicit the patronage of other Redpool Independent Distributor/ Direct Seller.
- 10.7. Redpool Independent distributor/ affiliate / direct seller or will induce another Redpool associates independent distributor / direct seller to participate in any other non Redpool selling activity and/ or to sell such products, literature, sales aids, or services to any Redpool independent distributor/ direct seller.
- 10. Sponsorship
- 10.1. Sponsor Duty
- 10.1.A. Provide all Affiliates / Distributors he/she sponsors with an unaltered/ application form.
- 10.1.B. Abide by the Code of Ethics and Rules of Conduct in its true spirit.
- 10.1.C. Train and motivate all Affiliates / Distributors/ Direct seller he/she has sponsored.
- 10.1.D Encourage his personally sponsored Distributors to attend Redpool meetings.
- 10.1.E. Advice the Distributor(s) to follow the Redpool Rules.
- 10.1.F. Give advice on promotional activities.
10.2 Sponsorship Guideline
As a Get quick reach opportunity.
That Redpool Products are bought and sold for Distributors personal use.
That there is no requirement to retail Redpool Products.
In seeking participation of a prospect in the Redpool Sales and Marketing Plan, the
sponsoring Distributor must comply with the following guidelines:
10.2.1 Must disclose the average profits, earnings, and sales figures and percentages as
published from time to time by Redpool.
10.2.2 Must use only Redpool-produced and Redpool authorized literature.
10.2.3 May use those earnings and/or commission representations based on their own
personal experiences, provided that they at the same time disclose the average
profits, earnings, and sales figures and percentages as published from time to time
by Redpool.
10.2.4 May cite lifestyle examples, e.g. travel, automobile, homes of successful
Distributors, and contributions to charitable causes, provided such benefits were
actually accrued as the result of building a Successful Redpool Independent
Distributorship.
10.2.5 Must not say that a successful Distributorship can be built in the form of a package
in which the only products bought and sold are those transferred to “Distributors” at MRP cost for their personal use.
- 10.2.6 Must not say that there is no requirement for the retail sale/ marketing of products.
- 10.2.7 Must not promote the enjoyment of tax benefits as the best or principal reason for becoming a Redpool Independent Distributor.
- 10.2.8 Must not say that Redpool is a “get-rich-quick” opportunity in which it is easy to achieve success with little or no expenditure of effort or time.
- 10.2.9 Must not present the Distributor plan or solicit participation in the Distributor Plan through any broadcast communication methods including mass mailing, telemarketing, national or international advertising, radio, television, facsimile services, computer communication networks including the Internet or any other means by which personal contact with the prospect is not present. However, Distributors may use digital media or maintain an Internet Website for use with prospects, provided the contents of such media or Website meets the requirements set within the Distributor Guidelines (attached), and otherwise complies with the Rules of Conduct.
- 10.3 Preventation of Sponsorship: As used Distributorship, each inherently involves the assignment of the Distributorship agreement or an amendment thereof, and, as such, requires prior authorization by Redpool. Transfer of Distributors from one Sponsor to another are only granted at the sole discretion of Redpool.
- 10.4 De-Sponsorship: If you want change your sponsor within 5 days of joining you must submit a Sponsor change request. Request form requires your signature and the signature of your current sponsor. We may require authentication of signatures. You can request for a sponsor change provided the distributorship in question has not purchased any Products. However, Redpool reserves the right to accept or reject any request without having to give any explanation whatsoever.
If a Distributor terminates/cancels his Distributorship or dies without leaving heirs who are ready, willing, and able to become Distributors and assume the responsibility of Redpool Business, Redpool, at its sole discretion, shall decide the future of the Distributorship in accordance with Section 15 of these Rules.
- 10.5 No Territories Allocation: No Distributor shall represent that there are allocated exclusive territories available under the Redpool Marketing plan.
- 10.6 No Compulsory to Purchase: No Distributor shall represent that there is any obligation to purchase products and/or services under the Redpool Marketing Plan, nor shall he/she represent, purposely allow or gain from any representation or implication that benefits may be derived solely from the purchase of Redpool products in conformity with the Redpool Marketing Plan.
- 10.7 Termination and De-sponsorship: Redpool can terminate/de-sponsor the Distributorship of an Independent Distributor if he/she gives wrong Information In the application form/ misrepresents Redpool Business or Redpool marketing plan/ Breaches any of the rules of conduct / is convicted of an offence punishable by a prison term /is declared bankrupt/ is not mentally sound to handle the business.
- 10.7.1 Redpool may at its election and by notice in writing to a Distributor, terminate the authorization to operate as an Independent Distributor, or de-sponsor the Distributor from his Business Group if one or more of the following occurs:
- 10.7.2 If, in Redpool opinion, the Distributor provided false information in his Distributor Application.
- 10.7.3 If the Distributor makes a serious misrepresentation of Redpool or the Redpool business which, in Redpool opinion, is not likely to be satisfactorily remedied by corrective action.
- 10.7.4 If the Distributor breaches any of these Rules of Conduct and fails to rectify such breach within the time period specified by Redpool in its written notice to the Distributor;
- 10.7.5 If the Distributor commits repeated breaches of any of these Rules of Conduct;
- 10.7.6 If the Distributor (or, if the business comprises two or more individuals, any of those persons) is convicted of an Offence punishable by a prison term;
- 10.7.7 If the Distributor (or, if the business comprises two or more individuals, any of those persons) is suspended or disbarred from practicing his usual trade or profession by any association, institute or professional society;
- 10.7.8 If the Distributor becomes the subject of bankruptcy or winding-up proceedings;
- 10.7.9 In title event that a Distributor dies without either an executor or an heir appointed by the executor who wishes to assume responsibility for continuing the deceased’s business;
- 10.7.10 In the event that a Distributor is incapable of managing his affairs by reason of mental condition.
- 10.7.11 If the Distributor commits a breach of terms and conditions of availing of any value added service including any payment thereof and/or fails to make payment of any products / services provided by Redpool.
- 10.8 The decision of Redpool regarding termination or de-sponsoring of a Distributor shall be final and binding on the distributor subject to appeal to a Review Panel pursuant to the procedure set out in Section 15.
- 10.9 Termination of a distributor means termination of
- 10.9.1 All rights as a Redpool Independent Distributor.
- 10.9.2 All Income being generated after the date of termination.
- 10.9.3 Termination of the Distributor’s authorization to operate as an Redpool Distributor means the termination of all fights derived from said authorization, and in conjunction therewith, the right to receive any further income from or generated by such business arising or accruing after the date of termination, except the right to receive reimbursements of the discounts corresponding to the purchases which were made prior to the termination date. Termination shall be effective upon the date satisfied by Redpool in its written notice to the Distributor.
- 10.10 Di-sponsorship means removal of a Distributor from his position as a Sponsor In the Line of Sponsorship De-Sponsorship or “de-sponsored from one’s Business Group’ means the removal of a Distributor from his position as a Sponsor in the Line of Sponsorship (including, at the absolute discretion of Redpool the removal of the Distributor’s right to ever sponsor again in his current Line of Sponsorship or any other Line of Sponsorship), such removal being effected by written notice from Redpool to the relevant distributor and becoming effective on the date stated in such notice.
- 10.10. The Process of Termination or De-Sponsorship:
The Distributor, Whose authorization is to be cancelled or who is to be de- sponsored,
shall be given written notice, of Redpool’s decision by Registered Mail. in addition to
complying with the laws of India pertaining to such termination or de-sponsorship,
the notice of termination, cancellation, or De-sponsorship shall:
- 10.10.1 Be mailed to the last mailing address of such parties as shown in Redpool’s records;
- 10.10.2I f applicable, state the Rule(s) violated by the Distributor;
- 10.10.3 State the date on which any such action shall become effective, and
- 10.10.4 If applicable, advice the Distributor of his opportunity to appeal Redpool’s decision to a review Panel pursuant to the procedure set out in Section 18.
- 10.11 Upon termination of his or her authorization as an Redpool Independent Distributor for any cause whatsoever, the Distributor shall forthwith:
- 10.11.1 Return, in good condition, all Redpool Products and Redpool distributed products in his possession as specified in the “Buy-Back” policy.
- 10.11.2 Cease to use all trademarks, trade names, insignia, or other industrial property used in or related to the Redpool business, and
- 10.11.3 Cease to identify himself as a Redpool Independent Distributor.
- 10.12 In the event that Redpool terminates a Distributor’s business or that a Distributor is de-sponsored of his Business Group by Redpool pursuant to these Rules of Conduct, the Distributor will have no claim against Redpool arising out of or in respect of the termination or De-sponsorship.
- A. Term. This Agreement shall commence on the date first written above for
- a period of one year unless terminated earlier as provided herein below.
- B. Termination. Either party to this agreement shall have the right to terminate this agreement with or without cause with a thirty (30) days written notice to the other party.
- C. Return of Materials. All of Company’s trademarks, trade names, data, photographs, literature, and sales aids, customer related database of every kind shall remain the property of Company. Within five (5) days after the termination of this Agreement, Direct Selling Agent shall return all such items to company. Direct Selling Agent shall not make or retain any copies of any confidential items or information that may have been entrusted to it. Effective upon the termination of this Agreement, Direct Selling Agent shall cease to use all trademarks, marks and trade name of Company.
- D. This agreement will be reviewed by the company after a period of 12 months. Any Direct Selling Agent or Business Partner not performing to the full satisfaction of the company in terms of securing new orders and company’s policies is liable to be terminated
- 11 Additional Obligations of Company
- 11.1 Assistance in Promotion: Company shall, at its own expense, promptly provide Direct Selling Agent with marketing and technical information, training concerning the Services, brochures, instructional material, advertising literature, and other product data.
- 11.2 Assistance in Technical Problems: Company shall, at its own expense, assist Direct Selling Agent and customers of the Services in all ways deemed reasonable by Company in the solution of any problems relating to the Services.
- 11.3 New Developments: Company shall inform Direct Seller of new Products that are competitive with Company’s Products / Services and other market information and competitive information as discovered from time to time.
- 12. Trademarks and Trade Names
Use. During the term of this Agreement, Direct Selling Agent shall have the right to indicate to the public that it is an authorized Direct Selling Agent of Company’s Services. Nothing herein shall grant Direct Selling Agent any right, title, or interest in Company’s Trademarks. At no time during or after the term of this Agreement shall Direct Selling Agent challenge or assist others to challenge Company’s Trademarks or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to those of Company.
- 13. Non Complete
For a period of 12 months after the Direct Selling Agent is no longer in agreement with the Company, the Direct Selling Agent will not, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, distribute, sell, offer to sell, or solicit any orders for the purchase or distribution of any products or services which are similar to those distributed, sold or provided by the Company.
14. Suspension of Distributorship
14.1 In an effort to eliminate misrepresentations of the Redpool Marketing Plan within a Line of Sponsorship, or as an alternative to terminating the business of a Independent
14.2 Distributor who has violated the Rules of Conduct, Redpool may employ various actions and procedures to entourage proper Redpool business conduct. Redpool may use any or all of the following to address the matter:
14.3 Hold/forfeit payment of commissions, higher award monies, or other monies payable to the business.
14.4 Suspend authorization to conduct sponsoring activity (sponsoring, recruiting meetings, training sessions, home presentations, etc.)
14.5 Suspend invitations to company-sponsored trips,
14.6 Conduct reorientation meetings and chargeback the expenses to the Line of
Sponsorship
15. Termination, De-sponsorship or Suspension by Redpool without Formal complaint
- 15.1 Redpool may initiate termination, De-sponsorship, or suspension of a Distributor’s business even in the absence of a formal complaint Redpool shall not, however, take action against the Distributor until Redpool has first offered the violating Distributor an opportunity to explain and/or justify his conduct.
- 15.2 Where the violation has been of such magnitude as to bring into serious question the right of such Distributor to continue to operate his business, Redpool may terminate without affording the Distributor the opportunity to rectify his past improper conduct.
- 15.3 The Distributor shall have the right to request a review of the decision by Redpool in accordance with section 17.
16. Disposition of Terminated, De-Sponsored Business Process
16.1 In the event that Redpool determines that it is necessary to terminate, de-sponsor a Distributor’s business, or if a Distributor cancels his Distributor Agreement or dies without leaving heirs who will assume the operation of the Distributorship, disposition of the business of such Distributorship will be determined by Redpool in its sole discretion. In exercising its prerogative to determine the disposition of such business, Redpool may elect to employ one of the following methods:
16.2 No Limitation on Redpool: Redpool, however, is in no way limited to any of the Redpool Independent Distributor’s positive methods of disposition of a business and may exercise complete discretion as to methods and/or timing of disposition.
17. Limitation on Liability:
In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures or commitments in connection with the business or goodwill of Company or Direct Selling Agent / Affiliate.
18. Confidentiality
Redpool Independent Distributor/ Direct Seller or Direct Selling Agent acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company’s business plans, customers, technology, and products/services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Redpool Independent Distributor/ Direct Seller or Direct Selling Agent agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by the Company.
Company shall advise Redpool Independent Distributor/ Direct Seller or Direct Selling Agent whether or not it considers any particular information or materials to be confidential. Direct Selling Agent shall not publish any description of the Products/Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination of this Agreement, there shall be no use or disclosure by Direct Selling Agent of any confidential information of Company.
19. Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of Republic of India. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the Honorable High Court UP.
20. Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to neither this Agreement, nor any waiver of any rights under this Agreement to be done unilaterally and it shall be effective unless in writing signed by the party to be charged.
21. Force Majeure.
It is expressly understood by both the parties here that any act of God or force majeure, that include, but is not limited to, natural disaster, war, technical failures and operation of Law/Government Policies that may prevent the due performance of any of the obligations under this Agreement, or under any Terms/Conditions/Subsidiary Agreement that may form an integral part of this Agreement, will not be construed as failure to perform the contract by either of the parties hereto. However, it is clarified that the party, so affected will take all possible steps towards normal performance of obligations under this Agreement, as soon as possible. No party will be responsible for any loss due to the other party, in these circumstances.
22. Notices
Any notices required or permitted by this Agreement shall be deemed given if sent by certified mail, postage prepaid, return receipt requested or by recognized overnight delivery service: If, To Company: To, The Redpool India Pvt Ltd
Apartment No – UGF 01, Gyankhand -151
Ghaziabad, NCR, UP, Pin- 201014
23. Non-Assign ability and Binding Effect
A mutually agreed consideration for Company’s entering into this Agreement is the reputation, business standing, and goodwill already honored and enjoyed by Company under its present ownership, and, accordingly, Direct Selling Agent agrees that its rights and obligations under this Agreement may not be transferred or assigned directly or indirectly. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties hereto, their successors and assigns.
- 24. Security.
Direct Seller is required to keep Company’s passwords and other secure access, information confidential and notify the Company promptly if the Direct Seller believes that the security of an account has been compromised. The Company has taken reasonable step to protect the security of online transactions. However, the Company does not warrant such security and will not be liable for any losses or damages resulting from any security breaches. The Direct Seller shall be liable for losses or damages resulting from the security breaches.
- 25. Privacy Statement.
- 25.1 Direct Seller hereby agrees that the Company is entitled to ask for personal information, login Id and password etc at any stage in the course of the use of Product and Services contemplated under this Agreement.
- 25.2 Direct Seller understands that the Company and its chosen service partners may use login Id of the Direct Seller to operate or help to operate sites and services for the purposes of the user or Company, and to inform Direct Seller of any new Features/Services/Products from the Company or its affiliates, including products and services that may be related to the Product and Services contemplated under this Agreement, but are not necessary to its operation.
- 25.3 The Company may disclose such Login Ids/Passwords Qr any other reference code/number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the Company believes that such action is necessary to conform to the requirement of law or to comply with the Legal process or in reply to any notice served upon the Company or to protect and defend any rights of the Company with respect to the Products/Services contemplated under this Agreement or to protect the safety of the users/the Company/the public in extraordinary circumstances.
26. Severability
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
27. Grievance Procedure
If the Independent Distributor wishes to seek redressal of any grievance relating to his distributorship, he /she should write/speak to the Company or an appropriate officer of the Company (as directed by Company). Contact information which is available on the Company website contact us / grievance cell page or send support ticket through distributor back office with details of the basis for the grievance. If the grievance is not resolved to the Independent Distributor satisfaction, he/she should appeal in writing (with details) to the Management, whose decision on the matter will be final.
28. Liability Disclaimer.
The Product may have inaccuracies or errors. The Company and/or its respective suppliers make no representations about the suitability, reliability, timeliness and accuracy of the Product. All such information, software, products, services any related graphics are provided “as is” without warranty of any kind. The Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Product including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement.. The Company and/or its suppliers shall not be liable in any event for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of the use or performance of the Product.
29. Term of Relationship
The term of the Independent Distributor’s / Business Partners relationship with the Company will continue until and unless there has been a breach of terms and conditions and it shall continue until and unless the Independent distributor becomes inactive & maintaining inactive for 750 (Seven hundred and fifty) consecutive days.
30. Taxes
Redpool Independent Distributor/ Direct Seller is solely responsible to pay or bear taxes (such as Income Tax, GST etc.), as the case may be, with respect to the income, Product sales commissions, rewards etc. earned by him as an independent distributor by selling / distributing Company Products Product sales commissions earned by Independent Distributor is inclusive of all the taxes applicable on the same. TDS on Product sales commissions shall be applicable as per the Income Tax Act, 1961.
- Return Policy of Product
In the event you receive a damaged / damaged product or a product that does not comply with the specifications as per your original ordered, you are required to get in touch with the customer service team/ Upline Leader / sponsor through mail: help@redpool.in
(1). Upon receiving your complaint, Redpool shall verify the authenticity and nature of the complaints and if Redpool is convinced that the complaint is genuine , Then Redpool inform you to relevant complaint and purchased price put into your login account. Where you will place request for replacement or money return. However if we find in significant and baseless complaint regarding the quality and content of the products, Redpool reserve the right to take necessary legal action against you and you will be solely liable for all costs incurred by Redpool in this regards. You expressly acknowledge that the Product selling point selling the defective product / service will be solely responsible to you any claims that you may have in relation to such defective product / service and Redpool shall not in any manner be held liable for the same.
(2). Before accepting shipment of any order kindly ensure that the products packaging is not damaged or tampered. If you observe that the package is damage or tempered, requested you to refuse to accept delivery and inform Redpool at the earliest. The return process of the product may be restricted by Redpool depending on the nature and category of the product.
(3). In order to return any product sold through the website, you are requested to comply with the below mentioned conditions, viz;
- (3.1). Please notify Redpool of receipt of a damaged / defective product within 48 hours (2 days) of delivery to you. If you are fail to do so within the said time period Redpool shall not be held liable for the failure to replace the order.
- (3.2). Product must be unused.
- (3.3). Redpool will arrange pick-up of the damaged / Defective product through its own logistics partner or Redpool will inform you to send damaged / Defective product through your nearest reputed logistic service provider of your home in one day from receipt of such notice. Courier or freight charge will be reimbursed in such form as is determined by the logistic team upon prior consultation with Redpool.
- (3.4). Product should be returned in their original packaging along with the original price tag, labels barcode user manual, warranty card and invoice etc.
- (3.5). It is advisable that the return packets should be strongly and adequately packaged so that there is no further damage of product during transit.
- (3.6). The Returned products are subject to verification and checks by Redpool in order to determine the legitimacy of the complaint / return.
(4). In this Concern return of a product is duly accepted by Redpool, the value of such product, as originally paid by during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and Redpool or the approved payment gateway will credit your refunds directly into your debit / credit card or online accounts or provide by you with a cheque in this regards. Refund will be subject to the following:
(5). Orders paid online will be refunded within 30 days through the online account or via cheque, depending on the current circumstances as determined by Redpool.
(6). For cash on delivery payments, you will be provided with a refund cheque.
(7). If the product can be repaired by the tailor / service centre, Redpool would get the same repaired and send it back to you.
(8). A promo code, once used shall not be refunded in case of cancellation of order either by customer or Redpool.
30. Headings
Headings used in this Agreement are provided for convenience only and all not be used to construe meaning or intent.
IN WITNESS WHERE OF, the parties hereto have executed this Agreement as of the day and year first above written.
For Company, For Direct Selling Agent,
[Redpool India Pvt. ltd] [Name]:
[Address Line ………..1] [Address Line…………… 1]