| 1. |
In addition
to the information given overleaf, 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.
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| 2. |
On the representation so
made by applicant(s), dLife hereby
appoints overleaf identified applicant(s) as
a distributor 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.
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| 3. |
Distributor hereby confirms
that he/she has entered into this agreement as
an independent contractor. Nothing in this agreement
shall establish an employment relationship, or
any other labor relationship between the Distributor
and dLife,
and nothing shall establish the Distributor’s
position as procure, broker, commercial agent,
contracting representative or other representative
of dLife.
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| 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.
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| 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.
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| 6. |
dLife does
not guarantee income or commission or profit‘s
to the distributors. All returns or bonus are
based on the performance of the distributor and
his team efforts.
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| 7. |
The Co-Applicant hereby
acknowledges and agrees that the first applicant
shall be treated as the primary distributor who
shall be authorized representative in respect
of all business matters, and entitled to receive
also pay commission and/or any other incentives
to and in his/her own name.
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| 8. |
The distributor may terminate
this 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.
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| 9. |
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.
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| 10. |
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.
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| 11. |
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.
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