GREEN PLANET ASSOCIATE AGREEMENT
Terms & Conditions
By virtue of this agreement, the Green Planet (hereinafter referred to as “Firm”) agrees to appoint applicant as its ‘Green Planet Associate’ and the applicant agrees to his/her appointment as ‘Green Planet Associate’ (hereinafter referred to a ”Associate”) of the firm on following terms and conditions:-
a) “Green Planet Associate” means a person appointed by the Firm on a principal-to-principal basis through this Contract to undertake sale, distribution and marketing of Firm’s products and services. Any Associate of Green Planet may introduce or sponsor another Associate and support them to build their direct selling business of Firm’s products and services.
b) “Green Planet Associate Contract” shall mean and include the following and all of which are collectively referred to as the "Agreement":
• The Associate Application Form.
• These Terms and Conditions forming part of the Green Planet Associate Application Form.
• The Firm’s Policies and Procedures.
• TheFirm’s Compensation and Marketing Plan/Business Plans amended from time to time which shall be notified on the website (web address).
c) “Effective Date” shall mean the date of submission of the Green Planet Associate Application form, subject to Approval by the Firm.
d) “Territory” shall mean the Republic of India.
2. Eligibility Criteria & Requirements:
1.1. The applicant confirms and undertakes that he/she is above the age of 18 years and is not disqualified from contracting by any law.
1.2. Applicant must submit the following documents;
a) Duly filled application form
b) Copy of Government issued Identity Card
c) Copy of Residential Proof
d) Copy of Permanent Account Number (PAN)
e) Passport size photographs
f) Cancelled Blank Cheque
1.3. Each Associate will be assigned a unique ID, the associates cannot operate through multiple IDs.
3. Rejection of application: Firm may reject any application for any reason, at its discretion, if the application contains incomplete, inaccurate, false or misleading information. Any alteration or modification will be subject to verification.
4. Term: This agreement shall remain valid and continue to remain in full force unless terminated earlier by either party with or without cause by giving a notice.
5. Rights: That applicant is hereby appointed as Independent Associate of the firm with following rights:-
a) He has the right to purchase products and services from firm at the Distributor price fixed by the Firm from time to time.
b) He has the right to offer for sale Firm’s products and services in accordance with this agreement and Policies and Procedures issued by the Firm from time to time.
c) That he has the right to sponsor other persons as Associate in Firm which shall form part of his Downline /Line of Sponsorship. However, the firm does not charge any fees for enrolment and shall pay no incentive for such enrolment.
d) He is authorised to receive incentives as per marketing and compensation plan/business plan of the firm as applicable from time to time.
6. Duties:That the Associates shall be loyal and faithful to the Firm and shall perform following duties:-
a) That the Associate will comply with terms and conditions of this agreement and also with Policies and Procedures issued by the Firms applicable from time to time.
b) The Associate shall at all times carry its Identification Card issued to him by the Firm and will seek prior appointment with customer for initiation of sale.
c) That the Associate shall provide complete and accurate information to the e Associates about the products, prices, terms of payment, return, exchange and any other policies as and when applicable.
d) That the Associates will assist, train and motivate other Associates
e) That Associate will comply with all national, state and local laws, ordinance, rules and regulations.
f) That Associate must keep accurate records of sales made by him and firm may periodically ask to provide documentation of such sales.
g) That the Associate will perform his obligations as an independent representative with honesty and integrity. He shall act at all times in the best interest of the Firm and other Associates.
h) That the Associate will only use the sales contracts and other forms including the order form, which are provided by the Firm for the sales of its goods and services and will follow all policies and procedures established by the Firm for the completion and processing of such contracts and orders.
i) That the Associate agrees to present the Firm’s marketing and compensation plan and Firm’s products and set forth in official Firm literature. That the Associate will make no claims regarding potential income, earnings products or services beyond what is stated in Firm’s literature.
j) That the Associate shall not use, produce, create, publish, distribute or obtain from any source other than Firm- any literature, recordings (audio, video or otherwise) sales or enrolment aids relating to Firm’s products, services of Firm’s compensation or marketing plan.
k) That the Associate understands that he shall not use or display any Firm’s trademark, trade name and services marks, other than through authorized means, without written consent from the Firm.
l) That the Associate will keep all trade secrets confidential and agrees not to enter or participate in competing business activity in any direct selling Firm.
m) That an Associate in one line of sponsorship must buy all the products whether directly from Firm or from his/her sponsor. No Associate shall engage in Cross/group selling.
n) That an Associate must not engage in any deceptive or unlawful trade practice as defined by any Central, State or Local Law or regulation.
o) That the Associate shall pay GST as per applicable laws.
7. That Associate agrees that as a Firm’s Associate, he is an independent associate and not an employee, agent, partner, legal representative, or the franchisee of the Firm. He is not authorized to and will not incur any debt, expenses, and obligation or open any account on behalf of, or in the name of the Firm. He understands that he shall control the manner and means by which he operates Firm’s business so as to ensure his compliance with these terms and conditions, the Firm’s Policies and Procedures and the Firm’s marketing and compensation plan. That Associate agree that he will be solely responsible for paying all expenses incurred by himrelating to his business of Associateship including but not limited to personnel, travelling, lodging, secretarial, office, communication and other expenses. That he understands that he shall not be treated as an employee of the Firm for any purposes.
8. That the Associate has carefully read and agree to comply with the policies and procedures of the Firm and the Firm’s marketing and compensation plan both of which are incorporated into and made a part of these terms and conditions. That the associate agrees that Firm can at its sole discretion change the Policies and Procedures and Marketing and Compensation Plan at any time.
9.Marketing and Compensation Plan/Business Plan:
a) The incentive shall be calculated periodically as per marketing and compensation plan of the Firm. That the Firm may amend marketing and compensation plan from time to time, and Associate agrees that any such amendments will apply to him. The amendments may be notified through website or any other means. Also, the acceptance of incentive by Associate shall constitute the acceptance of all the amendments.
b) The Incentive shall be paid within 15 days of calculation of incentive. The incentive shall be liable for deduction of TDS and other deductions as per Policies and Procedures and Marketing and Compensation Plan as applicable from time to time.
c) That if Associate fails to pay for products or services when payment is due, he authorizes Firm to deduct the appropriate amount from the Incentives or any balance receivable from the Company.
d) That the Associate shall remain ‘Active’ as per Marketing and Compensation Plan and Policies and Procedures as amended from time to time to be entitled to receive incentives
e) That the Associate understands that he must be in good standing and not in violation of any terms of this agreement, in order to be eligible to receive any incentives.
10. Cooling off Period: That this agreement can be cancelled by the Associate within a period of 30 days from date of application (hereinafter referred to as Cooling Period). In case the Associate cancels the agreement, he shall receive a refund for amount paid for goods and services purchased subject to return of goods to the Firm in original condition.
11. Warranty: That the GPBP gives warranty that it shall replace any damaged or defective goods received by Associate or customer as per Return and Refund Policy.
a) That the Associates shall not assign any rights or delegates his duties under this agreement without prior written consent of the Firm. Any attempt to transfer or assign this agreement will be void ab initio and will result in termination of Associateship.
b) That the Associateagrees that if he fails to comply with the terms and conditions of the agreement or Policies and Procedures, Firm may, at its discretion, terminate his associateship or impose any other disciplinary action, including but not limited to forfeiture of Incentives and/or loss of all or part of hisDownline.
c) That the Associate agrees that the failure to promptly pay for products and services constitutes a breach of terms and conditions for appointment of Associateship.
d) That the Firm may reject this application for any reason, at its discretion, including if the application contains incomplete, inaccurate, false or misleading information or application is not supported by complete KYC documents. Any alteration or modification in particulars of Associate will be subject to verification.
e) That the Firm shall not be responsible for any dispute regarding ownership of Associateship.
f) That the Associate should make payment to any person appointed by Firm for collection of payment only after verification of ID Card of that person and should obtain documentary receipt of payment.
g) That the associate shall intimate the firm about any change in its business and residence address or any other particulars submitted to the firm. h) This agreement constitutes the entire contract between Firm and the Associate. That any promise, repositions, offers or offers communications not expressly set forth in this agreement have no force of effect. To the extent to any conflict or inconsistency between this agreement and the policies and procedure (in their current form or as subsequently modified), the policies and procedures shall in all instances supersede and prevail over any term of this agreements as to the matters addressed herein.
i) Any waiver by Firm of any breach of this agreement by Associate must be in written and signed by an authorized officer of Firm. Further any waiver of any breach of this agreement by Associate shall not operate or be construed as a waiver of any subsequent breach.
j) In the event that a provision of this agreement is held to be invalid or unenforceable, the remaining provisions of this agreement will be considered in full force and effect.
13. Buy Back or Repurchase policy: That Firm shall buy back or repurchase currently marketable goods from the Associate or customer at his request at terms and conditions notified by the Firm from time to time in Return and Refund Policy and refund the amount due.
14. Indemnification: That the associate agrees that he shall indemnify Firm, its key management personnel, officers, associates, employees and other persons associated with the Firm for damages, fines and penalties, loss of profit or any other loss incurred or suffered by them as a result of breach of this agreement, Firm’s policies and procedures and Marketing and Compensation Plan,the improper promotion or operation of Firm’s business and any activities related to it.(e.g. improper presentation of Firm’s products or marketing and compensation plan, failure to provide any information/ data necessary for Firm to operate its business, etc.)any other acts carried out by me whether intentional or intentional.
15. Complaint Redressal: That the Firm has established a Grievance Redressal Committee to handle complaints of the Associates or customers. The complaints can be send in writing, email, website, phone, walk in,etc. The complaints shall be allotted a unique ID number and shall be resolved within 30 days.
16. Notices: That the notice or any change in information shall be served to Firmat its official address. Further any notice to the associate shall be sent at address mentioned in application or changed thereafter.
a) That the Firm may in its absolute discretion immediately suspend and/or terminate the Business Association ship by giving thirty (30) days’ notice in writing to the Associate in the event that Firm has reasonable grounds to believe that the Green Planet Associate has breached any provision of this agreement, its rules, regulations, policies or procedures as amended from time to time. The associateship can also be cancelled if associate ceases to carry business and any other reasons after giving thirty (30) days written notice to associate.
b) In case no sales of goods or services made by associate for a period of up to one years since the contract was entered into, or since the date of the last sale made by the associate, the agreement shall be cancellable either at the option of Associate or Firm after giving thirty (30) days written notice to other party.
c) The Associate may also terminate the agreement after giving thirty (30) days written notice to Firm.
d) That Firm’s shall not be liable for any incidental or consequential damages caused by its breach, cancellation or suspension of this agreement, whether or not the possibility for such damages is known to the Firm.
e) That the associates agrees that if associateship is cancelled or terminated for any reason, he will permanently lose all right as an Associate. Hedownline shall be removed and shall not be entitled to further incentives resulting from the activities of his down line.
18. Dispute Resolution:
a) That all disputes or difference arising out of or in relation to this agreement shall be referred to a Sole Arbitrator appointed by the Firmin the terms of the provisions of Arbitration & Conciliation Act, 1996. The venue of Arbitration shall be Jalandhar. The Arbitration shall be carried out in English Language.
b) That the jurisdiction in respect of any/all disputes arising out of or in relation to this Associate agreement shall vest exclusively in the Courts at Jalandhar only
That the Associate declares as under:-
(i) That I have read (or has been read and explained to me) the terms and conditions overleaf and understood the same.
(ii) That I have attended orientation session organised by theFirm explaining details on all aspects of business i.e products, marketing and compensation plan, expected remuneration, policies and procedures and understood the same.
(iii) That no enrolment fees has been charged from me.
(iv) That I agree to this contract with free consent i.e. without any coercion, under influence, etc.