Direct Seller Agreement
This Direct Seller Agreement ("Agreement") is entered into between Eduse Marketing Private Limited, having its registered office at 12 1st Floor Ramnik Complex Tikona Park, NIT-1 Faridabad, Haryana 121001 (hereinafter referred to as the "Company"), and the individual applying to become a Direct Seller (hereinafter referred to as the "Direct Seller").
This Agreement is governed by applicable laws of India, including the Consumer Protection Act, 2019, Consumer Protection (Direct Selling) Rules, 2021, Information Technology Act, 2000, Income Tax Act, 1961, Goods and Services Tax laws and other applicable regulations as amended from time to time.
1. Appointment as Direct Seller
Upon approval of the application submitted by the applicant, the Company may appoint the applicant as an independent Direct Seller of Eduse Marketing Private Limited.
The Company reserves the right to accept or reject any application without assigning any reason.
There is no mandatory joining fee, membership fee, renewal fee or subscription fee for becoming a Direct Seller unless specifically notified by the Company in accordance with applicable laws.
2. Independent Contractor Status
The Direct Seller shall act as an independent contractor and not as an employee, agent, franchisee, legal representative, partner or joint venture partner of the Company.
Nothing contained in this Agreement shall create any employer-employee relationship between the Company and the Direct Seller.
The Direct Seller shall be solely responsible for compliance with all applicable tax, statutory and legal obligations arising from his or her business activities.
3. Rights of Direct Sellers
Subject to compliance with this Agreement and Company policies, a Direct Seller shall be entitled to access the Company's products, services, training materials and business support systems.
The Direct Seller may promote and sell Company products in accordance with Company guidelines and shall be eligible to earn incentives, commissions, rewards and other benefits as per the applicable Compensation Plan.
The Direct Seller shall have access to personal business reports, order information and commission details through the Company's online platforms.
4. Direct Seller Obligations
The Direct Seller shall always conduct business honestly, ethically and professionally.
The Direct Seller shall provide accurate information regarding Company products, services, compensation plans and business opportunities.
The Direct Seller shall not make false, misleading or exaggerated claims regarding product performance, health benefits, income opportunities or business success.
The Direct Seller shall comply with all Company policies, procedures and guidelines published on the official website, mobile application or official communication channels.
5. Prohibited Activities
The Direct Seller shall not engage in any activity that may harm the reputation, goodwill or business interests of the Company.
The following activities are strictly prohibited:
Making false income claims or guaranteed earning representations.
Misrepresenting Company products, policies or business opportunities.
Operating, promoting or participating in any pyramid scheme, money circulation scheme or unlawful business model.
Using unauthorized marketing materials, advertisements, websites, social media content or promotional campaigns.
Collecting money on behalf of the Company without authorization.
Using the Company's trademarks, logos or intellectual property without permission.
Providing misleading information to customers or prospective Direct Sellers.
6. Income Disclaimer
The Company does not guarantee any fixed income, salary, profit, reward, commission or financial success.
The income earned by a Direct Seller depends upon individual efforts, sales performance, customer acquisition, team development, leadership activities and other business-related factors.
Past earnings of any Direct Seller shall not be considered as a guarantee of future results.
7. Cooling-Off Period
Every Direct Seller shall be entitled to a cooling-off period of thirty (30) days from the date of acceptance of this Agreement.
During the cooling-off period, the Direct Seller may voluntarily terminate participation in the business opportunity without penalty, subject to applicable refund and return policies.
8. Refund and Buyback Policy
The Company shall maintain a Refund, Return and Buyback Policy in accordance with applicable laws and the Consumer Protection (Direct Selling) Rules, 2021.
The Direct Seller shall be entitled to the benefits available under such policy as published on the Company's official website from time to time.
9. Customer Protection
The Direct Seller shall always prioritize customer interests and provide complete and accurate information relating to products, pricing, delivery timelines, return policies and grievance redressal mechanisms.
The Direct Seller shall not use coercion, undue influence, harassment, pressure tactics or misleading representations while selling products or recruiting Direct Sellers.
10. Confidentiality
The Direct Seller acknowledges that certain business information, customer data, training materials, business strategies, compensation structures and internal documents constitute confidential information of the Company.
Such information shall not be disclosed, copied, distributed or used for any unauthorized purpose during or after the termination of this Agreement.
11. Intellectual Property Rights
All trademarks, logos, brand names, product names, marketing materials, training materials, videos, presentations, website content, software, mobile applications and other intellectual property associated with Eduse Marketing Private Limited shall remain the exclusive property of the Company.
The Direct Seller shall not copy, reproduce, distribute, modify, publish, sell, license or otherwise use any Company intellectual property without prior written permission from the Company.
12. Online and Social Media Conduct
The Direct Seller may promote Company products and business opportunities through social media and digital platforms in accordance with Company guidelines.
The Direct Seller shall not publish misleading information, false testimonials, fake income claims, unauthorized advertisements, defamatory content or any content that may damage the reputation of the Company.
The Company reserves the right to require removal of any content that violates Company policies or applicable laws.
13. Data Privacy and Protection
The Direct Seller shall maintain the confidentiality and security of all customer information and personal data obtained during business activities.
The Direct Seller shall comply with applicable data protection laws and shall not share, sell, distribute or misuse customer information without proper authorization.
The Company may collect, process and store personal information of Direct Sellers and customers for business operations, legal compliance, order processing, commission payments and customer support purposes.
14. Compensation and Incentives
Compensation, commissions, incentives, bonuses, rewards, recognition programs and other benefits shall be governed by the Compensation Plan published by the Company from time to time.
The Company reserves the right to modify, amend, suspend or discontinue any compensation plan, incentive program or reward structure in accordance with business requirements and applicable laws.
All payments shall be subject to applicable tax deductions and statutory compliances.
15. Suspension of Direct Seller Account
The Company reserves the right to temporarily suspend a Direct Seller account pending investigation of complaints, suspected policy violations, fraudulent activities, misuse of Company resources or non-compliance with applicable laws.
During the suspension period, the Company may temporarily restrict access to certain benefits, commissions, incentives, rewards or business privileges.
16. Termination of Agreement
The Company may terminate this Agreement if the Direct Seller violates any Company policy, applicable law, Code of Conduct or provisions of this Agreement.
Termination may also occur in cases involving fraud, misrepresentation, unethical business conduct, illegal activities, misuse of intellectual property, customer complaints of a serious nature or actions causing damage to the Company's reputation.
A Direct Seller may voluntarily terminate this Agreement by providing written notice to the Company.
Upon termination, all rights, privileges and benefits associated with Direct Seller status shall cease except those required by law.
17. Grievance Redressal Mechanism
Eduse Marketing Private Limited maintains a grievance redressal mechanism for Direct Sellers and customers.
Complaints, disputes and grievances may be submitted through the Company's official communication channels.
The Company shall make reasonable efforts to acknowledge and resolve grievances within a reasonable period in accordance with applicable regulations.
For grievance-related matters, Direct Sellers may contact:
Email: info@edusemarketing.com
Customer Support: +91 7888673594
18. Limitation of Liability
The Company shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from participation in the direct selling business.
The Company does not guarantee any specific level of earnings, profits or business success.
The Direct Seller acknowledges that business performance depends on personal efforts, market conditions, customer demand and various external factors beyond the Company's control.
19. Force Majeure
The Company shall not be held responsible for delays, interruptions or failure to perform obligations due to events beyond its reasonable control including natural disasters, pandemics, government actions, war, civil unrest, internet failures, technical disruptions, transportation interruptions or other force majeure events.
20. Modification of Agreement
The Company reserves the right to amend, update, modify or revise this Agreement, policies, compensation plans and business procedures from time to time.
Updated versions may be published on the Company's official website, mobile application or other communication channels and shall become effective upon publication.
Continued participation in the business after publication of modifications shall constitute acceptance of such changes.
21. Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of India.
Any dispute arising out of or relating to this Agreement shall first be attempted to be resolved amicably through mutual discussions.
If a resolution cannot be achieved, the dispute may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
Subject to applicable laws, courts located in Faridabad, Haryana shall have jurisdiction over disputes arising under this Agreement.
22. Direct Seller Declaration
The Direct Seller declares that all information submitted to the Company is true, complete and accurate.
The Direct Seller confirms that he or she is at least eighteen (18) years of age and legally competent to enter into this Agreement.
The Direct Seller confirms that participation in the Company's business opportunity is voluntary and has not been induced by any promise of guaranteed income or financial returns.
The Direct Seller acknowledges having read, understood and agreed to the terms of this Agreement, the Company's Code of Conduct, Refund Policy, Privacy Policy and Compensation Plan.
23. Contact Information
Eduse Marketing Private Limited
12 1st Floor Ramnik Complex Tikona Park, NIT-1 Faridabad, Haryana 121001
Email: info@edusemarketing.com
Customer Support / WhatsApp: +91 7888673594
Website: www.edusemarketing.com