1 |
In addition to the information given the distributor hereby declares that he/she/they have attained the age of 18 years as on the date of the application and is/are competent to enter into a contract as defined by any central, state and /or local Laws in force. |
2 |
On the representation so made by applicant(s), dLife hereby appoints overleaf identified applicant(s) as a consumer of dLife products and the applicant(s) (herein after individually and collectively referred to as the distributor) accepts such appointment and the terms and conditions made here under. |
3 |
Distributor hereby confirms that he/she has entered into his agreement as an independent contractor. Nothing in the agreement shall establish an employment relationship, or any other labor relationship between the distributor and dLife, and nothing shall establish the distributor position as procure broker, commercial agent, contracting representative or other representative of dLife. |
4 |
Distributor may on a non exclusive basis, purchase dLife products from dLife, to resell, distribute and market in the territory of India. However the distributor shall not sell any dLife product for a price exceeding the maximum Retail Price. Distributor may charge, at his discretion, any price that is lower than the maximum Retail Price indicated on the label of any product or the product list that may be issued from time to time by dLife. |
5 |
While purchasing and selling dLife 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 account. |
6 |
dLife does not guarantee income or commission or profit 's to the distributor. All returns or bonus are based on the performance of the distributor and his team efforts. |
7 |
The distributor may terminate the Agreement at any time by giving a written notice to dLife. Similarly dLife may also terminate this Agreement at any time by giving a written notice without assigning any reason. |
8 |
This Agreement is entered into on a personal basis and therefore this Agreement or any of the rights or obligations of distributor arising under this Agreement shall not be assigned or transferred without prior written consent of dLife. However on the death of distributor, all earnings under this agreement shall be transferred in the name of the Nominee mentioned overleaf. |
9 |
dLife's liability, whether in contract, tort 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 arbitrator as any other dispute resolution mechanism adopted by the parties or (b) the total commission earned by the distributor during the preceding six months of the date of dispute. |
10 |
Any dispute, differences or claim arising out of as in connection with this Agreement shall be submitted to binding arbitration and shall referred to the sole Arbitrator appointed in accordance with the provision of the Arbitration & Conciliation Act 1996. The venue of such arbitration shall be at New Delhi and the award of the Arbitrator shall be final and binding on all parties. The courts at New Delhi shall alone have the jurisdiction in relation to this Arbitration Agreement and any award arising there from |