The applicant shall act as an Independent Business Owner, herein after referred to as “IBO” for AAYUSH INTERNATIONAL Co., herein after referred to as the said “Company”. The applicant must be a major (18 years) as on the date of application in order to be eligible to become an IBO of the said Company and be competent to sign this agreement.
This document including the IBO (Independent Business Owner) Application overleaf shall be fully completed and signed by the applicant and accepted by AAYUSH. The said Company has the option to reject any Application without assigning any reasons for the same and the decision of the said Company will be final and binding. The duly completed Application Form may constitute an IBO Agreement (“Agreement”) between AAYUSH and the applicant(s) whose signature and other identification data appear overleaf.
1. The Business Opportunity is purely optional and IBO is not compelled to bring or sponsor any other IBO. He/she can do so if they wish for their own gain.
2. IBO hereby confirm that he/she has entered into this Agreement as an Independent Business Owner. Nothing in this Agreement shall establish as employment, or any other labour relationship between the IBO and the Company, and nothing shall establish the IBO’s position as a partner, procurer, broker, and / or representative of the Company.
3. When purchasing and selling the company’s products, the IBO shall act as an independent business Owner, acting in his/her own name, at his/her own responsibility and for his/her account and the Company shall not liable for the same.
4. IBO hereby agrees to become the Company’s IBO and to participate in its Compensation/commission Plan as chosen by him/her which is understood by him/her in their vernacular language & agree to abide with the same.
5. IBO will not use the Company Trade name or trademark except in the advertisement provided by the company or on the written consent be the company. IBO is however permitted to promote the same through his/her personal contacts & word of mouth.
6. The Company will make all payment of commission and/or incentives through NEFT Transfer to the Applicant only after deduction of all applicable taxes and statutory requirements as governed by law of the land.
7. The Company shall as and when required at its option and sole discretion amend the Rules, Regulation, Policies & Procedures and Terms & Conditions of this Business Relationship and shall notify any amendments, alterations, deletions or additions by updating in the Rule Book and/or its website. It is the IBO’s responsibility to keep track of the same.
8. All disputes are subject to Kolkata Jurisdiction. The Company can terminate this relationship with IBO at any time (without assigning any reasons to the Applicant for the same), if the Company is of the opinion that the provisions of the Rules of conduct are not being followed and/or any anti-Company activities are being carried out.
9. All compensation/commissions are based on the product sales. There is no joining fee and the applicant is required to read thoroughly and understand the Rules & Regulations, Code of Ethics and business opportunities of the company as given below. This application/agreement form is considered as an authentic and legal binding document. This contract is between the applicant (herein after referred to as (“INDEPENDENT BUSINESS OWNER”) and “AAYUSH” (herein after referred to as “Company”). If the applicant agrees to adhere to and abide by the conditions mentioned hereunder, he/she shall become a distributor on Purchase of ProductS according to distributor price on product label. No joining fees. The company reserves the right to modify and amend these rules & regulations and code of ethics from time to time. Thus modification/change in rules & regulations and code of ethics will be informed to all the distributors through company website- “www.aayushlife.com” and it will be binding on all the distributors of the company.
Rules & Regulations:
I. Application of distributorship.
1. The applicant should have completed minimum 18 years of age and shall be competent to enter into contract as provided in the ‘Indian Contract Act’.
2. Any partnership, proprietorship or limited company when apply for distributorship shall be registered under a duly appointed representative.
3. Every application for distributorship shall be accompanied by the applicable payment from time to time for the starter products purchase through Stockist/Super Stockist authorized by the Company.
4. Multiple distributorship in the same name is not allowed (one PAN - one membership/One AADHAR - one membership).
5. In case of more than one distributorship found in the same name, such excess number of distributorship will be terminated immediately without any notice and compensation.
6. No existing distributor shall be re-entered into a distributorship at any circumstances by any distributor at any hierarchy. If found, such distributor as well as his/her sponsor /up line also will be terminated with immediate effect without any compensation and notice.
7. The Company has not authorized any distributor of the company to receive any amount either in cash or by cheque/demand draft on behalf of the company towards distributorship fee or purchase of products. All such purchases should take place only in the company approved Stockist, Super Stockist or in the company branches.
8. The amount paid towards purchase of starter product kit is not refundable under any circumstances.
9. The distributor will be eligible for incentives or commission only as per the volume of business done by him/her as stipulated in the business plan. The company does not assure any incentive or income to the distributor on merely account of his/her joining in the company.
10. The company always reserves the right to reject any distributorship/application at its own discretion.
11. The applicant/distributor shall ensure that all the information furnished in the distributor application form is correct and properly entered. Any request for correction of information after distributorship registration with the company will not entertained strictly.
12. The distributorship is valid for lifetime.
13. The company will not be answerable for any promise, assurance given with by any distributor to any person, unless it is in accordance with the approved business plans and terms of the company. Hence, the applicant should go through the company website---“www.aayushlife.com”, business brochures and notice issued by the company before entering into distributorship.
14. The company will approve the membership by issuing on official receipt and an online registration, which will carry the password and an identification number known as “IBO”. This Distributor ID no. has to be mentioned in all his/her transactions and correspondence with the company. The Distributor ID cannot be altered at any later point of time.
15. The company will, in no case, entertain any communication without Distributor ID.
16. Company reserves the right to track Member’s activity by both IP Address as well as individual browser activity.
II. Distributor Duties & Responsibilities:
17. A distributor is an independent business entity. Hence, he/she is not an employee, agent or representative of the company.
18. A distributor shall not use Company name, Logo, Slogan, Trademarks and Trade names without the company’s consent.
19. Distributor who are “STAR” and above, shall not engage or participate in any other networking or direct-selling companies. If found, such distributor will be terminated with immediate effect and without any notice.
20. No distributor or leader shall conduct unauthorized seminars, meetings or assembly that is not in line with the business ethics of the company. Any leader or distributor found to have been engaged in discriminating or including others to complain against the company’s procedures, rules and regulations will be terminated with immediate effect without notice.
21. The company products are AYURVEDIC AND NATURAL and have no therapeutic claims. All distributors, Stockist and Super Stockist herein undertake to shoulder all responsibilities, liabilities and damages that may arise of any misrepresentation, over-claim or concealment regarding the true nature of company products.
Transfer of distributorship:
1. Application for change of sponsor or for the transfer of personal/group sales is prohibited.
2. Application for change of Name can be entertained provided the applicant shall abide the following Name Transfer Clause :
3. The Name Transfer Application (NTA) should be dully filled along with “No Objection Certificate” (NOC) typed in a stamp Paper (Rs. 100) from the existing distributor & attested by the sponsor as well as by up line/super up line and the original should be sent to the company.
4. The company reserves the right to accept or reject the NTA upon proper evaluation.
Termination of Distributorship:
1. All distributors, Stockist and Super Stockist should bounded to Rules & Regulations and Code of Ethics of the Company & if anyone is found guilty of not observing the same, then he/she will be terminated from the company with immediate effect.
2. The Company reserves all rights to terminate a distributor. Once a distributor is terminated, he/she cannot enter any of the company premises/meeting locations and his/her incentives/commission will be stopped immediately.
Death & Inheritance:
The legal heir/s shall submit a certified copy of legal heir certificate to the company stating their request to replace the decreased distributor. The Company has the right to approve/disapprove the request upon proper evaluation.
Prohibited business practices:
1. Under-cutting: Selling the company products in the market at a discounted price below the prescribed price rate is strictly prohibited.
2. Cross Sponsoring: Re-registration under other sponsor/up line in the same name or in name of blood relation (Wife, Children, Father, Mother, Brother) is strictly prohibited.
3. Pirating: Convincing, enticing or inviting co-distributor to join other MLM/direct selling company is strictly prohibited.
4. Dummies/False Representative(s): Registration of dummies or false Representative is strictly prohibited. The Company reserves the right to terminate such distributor found guilty for committing above such prohibited business practices with immediate effect without any notice. The company reserves the right to suspend/cancel any commission or incentive(s) generated through the use of dummies/false representative(s).
Commission (Incentives) & Payout:
1. Commissions (Incentives) are based on the performance of the distributor as per the compensation plan.
2. Commissions (Incentives) will be paid through bank account transfer to the distributor. The company will not be responsible for any delay or loss due to the wrong or incorrect bank details provided by the distributor.
3. If the distributor could not provide complete and correct bank details, the accrued commissions (incentive) will not be transfered and it will be on hold with the company. Any such commissions hold by the company for more than three months will be forfeited automatically. No distributor can claim after such forfeiture.
4. Commission statements are system generated & it can be downloaded or printed from the distributor login of the company website.
5. The company always reserves the right to hold and cancel the IBO / Stockist /Super Stockist commission (incentives) against any receivable from such distributor/Stockist/Super Stockist to the company.
Legal & Taxations:
1. The rules & regulations mentioned above shall be governed in accordance with the Law in force in the territories of India. Disputes, if any arise, shall be subject to the exclusive jurisdiction of the Court of Kolkata.
2. If any dispute or difference arises between the parties here to touching the business or interpretation of any terms and conditions or as to incentives, income etc. relating to the business of the company, the same shall be referred to arbitration and the arbitration shall be governed by the ‘Arbitration and Conciliation Act,1996’.
3. The company reserves the right to modify/change the business plan without prior notice. Its effect will reflect on website - www.aayushlife.com and it will be binding on the distributors of the company.
4. All taxes and fees that may be required by the government are to be shouldered by the Distributors only.
5. TDS will be deducted as per the Income Tax Act. CODE OF EHTICS: As a Distributor of AAYUSH he/she shall agree to conduct company business according to the following ethical guidelines:
1. He/she shall endeavor to be professional in dealing with co-distributors.
2. He/she shall respect and follow the Code of Ethics and Rules & Regulations, observing it as a guide to the business.
3. He/she shall present the company product and business to all the client, contacts and prospective distributor with honesty and integrity by using only approved company publications and presentations.
4. He/she shall conduct business activities in a manner that will reflect the highest standard of integrity, frankness and responsibility.
5. He/she shall accept and carry out the responsibility as a company distributor & maintain ethical business practice.
6. He/she shall take responsibility to teach and to help their down lines by teaching the principles and guidelines of the company code of ethics, rules & regulations, product presentation, and compensation plan as a tool to start their way to success.
7. He/she shall take initiative to motivate their down lines to take necessary trainings and seminars to help them realize their potential business as their own.