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Policy |
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Head Office: -
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USA Branch :- |
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72, City Centre, Nr. Swastik Cross Road,
C.G. Road, Navarngpura,
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6488,Telegraph RD,
Erie, MI 48133 |
| Ahmedabad – 380009, Gujarat, India. |
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Phone: - +91-79-65499689,
Fax :- +91-79-4032588 |
Phone: - 001-3479857031,
001- 7345603134 |
Mobile : -+91-8000888234/345/789,
+91-9998999125 |
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Agreement between Company and Distributor
This agreement is accepted by CNF on this date_________ between firm and address _______________________________________
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and company Beauty Health India address.
1) All CNFs are considered independent contractors. They are required to conduct their business as per the terms and conditions decided in the CNF’s agreement with the company. Agreement, and in compliance with Company policies: all independent CNFs must also comply with the law of land in running their Beauty Health India (Beauty Health India Pvt. Ltd.) business.
2) The Beauty Health India Pvt. Ltd. CNF ship consists of the CNF and the CNF’s spouse, or the sole individual as it appears on the CNF’s agreement with Beauty Health India Pvt. Ltd..
3) CNF relationship with the Beauty Health India Pvt. Ltd. is one of a contractual nature. Only adult individuals, 18 years of age or older, may contract with the Beauty Health India Pvt. Ltd. as a CNF.
4) Company policies have been implemented to provide restrictions, rules and regulations for proper sales and marketing, procedures and to prevent improper, abusive or illegal acts such company policies are revise, modified and added to, from time to time.
5) Each CNF has an obligation familiar with the company policies.
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6) Each CNF who signs the agreement agrees to abide by the Beauty Health India Pvt. Ltd. company policies. Language thereon specifically refers to the CNF’s contractual commitment to follow the company policies. The placing of orders for product with Beauty Health India Pvt. Ltd. is a reaffirmation of such commitment to abide by the company policies.
7) Any transfer other than by inheritance of a Beauty Health India Pvt. Ltd CNF ship is against company policy. Without prior company approval such transfer will be void from the purpose of this provision, a change of beneficial interest of a trust held Beauty Health India Pvt. Ltd. CNF ship shall be treated as a transfer who requires written approval by the company to be valid.
8) The Beauty Health India Pvt. Ltd.’s CNF must not disparage other CNFs, Beauty Health India Pvt. Ltd. products/services, the marketing and compensation plan or the Beauty Health India Pvt. Ltd. employees to other CNFs or third parties. Any questions, suggestions or comments regarding these issues should be directed in writing to Beauty Health India Pvt. Ltd. corporate offices only.
9) CNFs must not make claims as to the therapeutic, safety or curatives properties of the products. Only such statements or claims that are officially approved by the Beauty Health India Pvt. Ltd. or are as contained in the official Beauty Health India Pvt. Ltd. literature may be made or used. No CNF may make any claims that Beauty Health India Pvt. Ltd. product are useful in the treatment, prevention, diagnosis or cure of any disease. Medical claims regarding Beauty Health India Pvt. Ltd. products are strictly prohibited. CNFs should recommend to any customer who is currently under a physician’s care or any medical treatment, that they seek the advice of their healthcare provider before altering their nutritional regimen.
10) Unless Beauty Health India Pvt. Ltd.’s prior written approval is obtained, projections of income earnings and potentially income representations are strictly prohibited. The financial success of a CNF depends entirely upon that CNF’s individual efforts, dedication, the training and supervision of the CNFs provided to his or her network by Beauty Health India Pvt. Ltd. business.
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11) If a controversy or claim arising out of or relating to the CNF relationship or Beauty Health India Pvt. Ltd. problems can not be resolved by negotiations, Beauty Health India Pvt. Ltd. and CNFs agree that in order to promote to the fullest extent reasonably a mutually amicable resolution of the dispute in a timely, efficient and cost manner, they will settle their dispute by submitting the dispute to the local arbitration in accordance with the written procedures adopted by the Beauty Health India Pvt. Ltd. for resolution of disputes. Only Ahmedabad jurisdiction (Gujarat), India shall be deemed the sole and exclusive place for dispute resolution procedures. The independent CNF application and agreement shall be governed in all respects by the laws of India.
12) A CNF and any resulting sub dealer created or operated by proxy either intentionally or inadvertently is allowed, and shall be adjusted for compliance with company policies by the Executive committee. The Executive committee’s decision to terminate a CNF ship or to disallow, realign or adjust bonuses, compensation or any incentive awards for any CNF’s involvement in activities or failure to act that are not in conformation with company policies shall be fined. International acts of omission and disregard for the company policies by a CNF shall be severely dealt with which may include termination and legal action for damages done to the company.
13) Independent Beauty Health India Pvt. Ltd. CNF websites that have been approved by Beauty Health India Pvt. Ltd. or are as part of an online banner or display ads that confirm to Beauty Health India Pvt. Ltd. advertising guidelines and have been approved by Beauty Health India Pvt. Ltd. will be allowed. Online banners or display ads must be submitted to Beauty Health India Pvt. Ltd. for approval prior to posting online and must link a user to the company website or an independent CNF website that has been approved by Beauty Health India Pvt. Ltd. All electronic advertising is subject to and controlled by the Beauty Health India Pvt. Ltd. Company polices relating to advertising and promotional guidelines.
14) Whenever the Beauty Health India Pvt. Ltd. makes any information available to the CNFs of the company, it shall be for sole purpose of conduction and promotion of the Beauty Health India Pvt. Ltd. business.
15) CNFs shall not directly or indirectly use, capitalize upon or exploit any trade secret or confidential information available to anyone other than Beauty Health India Pvt. Ltd. CNFs without the prior written consent of Beauty Health India Pvt. Ltd..
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16) CNF shall not directly or indirectly use confidential information for its own benefit, or for the benefit of anyone else except for the purpose of conduction of its business network for the Beauty Health India Pvt. Ltd..
17) CNF shall maintain the confidentiality and security of the trade secret and confidential against disclosure, misuse, misappropriation or any other action inconsistent with Beauty Health India Pvt. Ltd. rights.
18) In consideration to Beauty Health India Pvt. Ltd. for the receipt of trade secret or confidential information, the CNF inherently agrees that for the term of the Beauty Health India Pvt. Ltd. CNF ship, CNF shall not take or encourage any action, the purpose or effect of which would be to circumvent, breach, interfere with or diminish the value or benefit of Beauty Health India Pvt. Ltd. CNF. Without limiting the generality of the forgoing, for the term of the CNF ship, CNF agrees not to directly or indirectly, contact, solicit, persuade, enroll, sponsor or accept any Beauty Health India Pvt. Ltd. CNF, Beauty Health India Pvt. Ltd. CNF or customer for the last twelve month, into or to encourage any such person in any way to promote opportunities in marketing programs of any direct sales company other then Beauty Health India Pvt. Ltd..
19) The agreement contained in the confidential information section of these policies shall remain forever and in perpetuity. The agreements contained in the further restrictive covenants section of these policies shall remain in full force and effect during the term of the previously executed CNF ship agreement between Beauty Health India Pvt. Ltd. and CNF, and thereafter until the later of one year form the latest receipt of any confidential information or twelve month after the expiration and termination of such CNF ship agreement.
20) Trade marks, Trade names, copyright materials and advertising. The name Beauty Health India Pvt. Ltd. and symbols of Beauty Health India Pvt. Ltd. and other names as may be adopted by Beauty Health India Pvt. Ltd. including Beauty Health India Pvt. Ltd. product names are proprietary trade names and/or trademarks of the company.
21) The Beauty Health India Pvt. Ltd. CNF may develop his or her own marketing techniques so long as they are not in violation of any company, state, federal of jurisdiction rules, regulations or statures. Unless the company’s prior written approval is received, the use, production or sale of any sales aid or materials, other than those provided by or approved in writing by the Beauty Health India Pvt. Ltd. to other Beauty Health India Pvt. Ltd. CNF for use in promoting the Beauty Health India Pvt. Ltd. products is prohibited.
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22) Limited license to use company marks each CNF is hereby licensed by the Beauty Health India Pvt. Ltd. to use the Beauty Health India Pvt. Ltd. registered trademarks, service marks and other marks in conjunctions with the performance of the CNF’s duties and obligations under the CNF ship agreement and the corresponding policies and procedures. All marks shall remain the exclusive property of the Beauty Health India Pvt. Ltd. The marks may only be used as authorized by the CNF’s agreement and the Beauty Health India Pvt. Ltd. corresponding policies and procedures. The license granted herein shall be effective only as long as the CNFs are in good standing and in full compliance with the Beauty Health India Pvt. Ltd. policies and procedures. However, it is prohibited for a CNF to claim any ownership of the Beauty Health India Pvt. Ltd. marks. (i.e. registering for a domain name using the name Beauty Health India Pvt. Ltd forever living products or any other Beauty Health India Pvt. Ltd. mark in any way, shape or form or with logo or with symbols) unless it has been approved in writing by the Beauty Health India Pvt. Ltd..
23) These marks are of great value to the Beauty Health India Pvt. Ltd. and are supplied to each CNF for each CNFs use in any expressively authorized manner only. CNFs are not to advertise the Beauty Health India Pvt. Ltd. products in any way other than through the advertising or promotional material made available to CNFs by the Beauty Health India Pvt. Ltd. and materials pre- approved by an authorized officer of the Beauty Health India Pvt. Ltd.. CNFs are agree not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or Beauty Health India Pvt. Ltd. marketing program, or in any other manner any material which by has not been copyright and supplied by the Beauty Health India Pvt. Ltd., unless such material has been submitted to the Beauty Health India Pvt. Ltd. and approved in writing by the Beauty Health India Pvt. Ltd. before being disseminated, published or displayed. The Beauty Health India Pvt. Ltd. CNFs hereby agree to make no disparaging representation about the Beauty Health India Pvt. Ltd., the products, the compensation plan or income potentials etc.
24) The CNF is an independent non-exclusive contractor/ CNF and not an agent, employee, partner or legal representative of the Beauty Health India Pvt. Ltd. for any purpose whatsoever. Each CNF shall be responsible for the CNF’s own business, and shall comply with Indian laws including but not limited to the Central, State and local statutes and regulations and all applicable laws including licensing and taxation laws etc. The CNF shall be solely responsible for all payments for any goods or services supplied to the CNF in the course of the business.
25) The Beauty Health India Pvt. Ltd. will be liberal in its application of the buy back policy on termination of a CNF ship, but Beauty Health India Pvt. Ltd. will not repurchase products or issue refunds on products certified as having been consumed or sold. Falsely representing the amount of product sold or consumed in order to advance in the marketing plan shall be grounds for termination.
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Ordering Procedures
1) The CNF hereby paid and the amount of rupees__________ in words______________________________ towards CNF ship to the Beauty Health India Pvt. Ltd. By way of cheque No ______________________________ of ______________________ bank and the CNF hereby acknowledge the receipt of the cheque given by him. The Beauty Health India Pvt. Ltd. hereby agrees to repay the said CNF ship deposit amount “without interest” to the CNF at the time of handing over the said CNF ship back to the Beauty Health India Pvt. Ltd. Hereby it is clearly mentioned that the CNF who is canceling the CNF ship contract with the company will be given his CNF ship deposit back after the negotiation with him in the next 2 years of period before that the CNF is not entitle to claim to get his deposit back.
2) All orders must be placed with Beauty Health India Pvt. Ltd. Alternately CNFs may email to info@ beautyhealthindia.com to place orders as well as make enquires related to ordering.
3) All CNFs may put order directly to the Beauty Health India Pvt. Ltd.
4) All orders must be accompanied by either
a. Demand draft
b. Money order
c. Certified cheque
d. Direct deposit (proof of depositor ) original
5) At the start 2nd order time CNF has to pay 50% advanced payment. At the 50% rest payment CNF has to pay with in 21 days after delivered.
6) All orders must be placed with Beauty Health India Pvt. Ltd. or his/her authorized representative in the area and product should be picked up at the location designated by Beauty Health India Pvt. Ltd..
7) Check all orders upon receipt and notify Beauty Health India Pvt. Ltd. immediately of any discrepancy in condition or quantities.
8) All orders with appropriate payment must be in the hands of Beauty Health India Pvt. Ltd. by the last business day of the applicable month to get the delivery of the orders in time.
9) All orders are subject to and all deliveries conditioned on the final acceptance by Beauty Health India Pvt. Ltd..
10) All the deliveries of the orders will be served on the first come first served basis depending on the receipt of the order from the CNF.
11) No dealing directly any company person or company hand with by cash payment. If any query after dealing, company will not be responsible of that matter.
12) No CNF is entitled to sell or promote these products outside the specific area given to him for the marketing purpose in a particular state in India by Beauty Health India Pvt. Ltd..
13) CNFs are authorized to purchase product for the purpose of using the products in their business and to their personal use in the country of their domicile. CNFs are not authorized to purchase product for the purpose of exporting the said products outside India except for there personal and family use in a country where there is no Beauty Health India Pvt. Ltd. office, without the prior written consent of Beauty Health India Pvt. Ltd..
14) No CNF is entitled to sell any of these products outside India without the prior written consent of Beauty Health India Pvt. Ltd..
15) Subject to Ahmedabad Jurisdiction
Company CNF
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Witness Witness
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