The following are the terms and conditions to become the Seller of Uttam Deal
"Seller" or “you” refers to you,
"Uttam Deal" or “we”, “us”, “our”, “company”, “firm” refers to Uttam Deal F-42, Sector-6, Noida-201301 U.P. India.
Chapter 1 Seller
- Becoming a Seller
1.1 Applying to become a Seller
To become our Seller, you do not have to pay or purchase any thing; you just have to register for it online through our registration page. Upon the submission company will send you a unique Seller Identification Number which is called Effort ID and password via email and SMS for your Seller and also an online panel through which you can operate your business.
1.2 One individual per Seller
Only one individual may apply for a Seller. If more than one person wants to participate in a Selling business, then the persons must apply as a business entity as set forth in section 1.7 of this chapter 1.
1.3 Age Requirements
You must be at least 18 years old to become a Seller.
1.4 Legal Residency
Your Seller agreement must be filed and maintained in India and you should be a legal resident or citizen and you should have a legal right to do the business. If you are unable to prove your legal residency, citizenship, or legal right to do business in India, the company may declare your Seller agreement void from its inception.
1.5 Acceptance Of Your Seller Agreement
All Seller applications are subject to approval by Uttam Deal hence it may be rejected even after the online registration procedure has been done.
1.6 Permanent Account Number (PAN)
You will be required to provide the company with your pan no. Before you are eligible to receive a commission, or when otherwise Required by the company for tax or other purposes. In the event you sign up using a business entity, you must provide the pan no. For the business entity. The company may also place a sales order or commission hold on your account until you provide your pan no. And your pan no. Has been verified.
1.7 Business Entities
A business entity may apply to become a Seller by completing the online registration form as a business entity by filling your company or firm name in first and last name text box. In addition, the following other requirements apply to business entities:
(a) Each participant must be a citizen or legal resident and have the legal right to do business in India, and must be able to provide proof of such. If the business entity is unable to provide this proof upon the company’s request, the company may declare the Seller agreement void from inception. You should be aware that merely being listed as a member of a business entity does not necessarily grant you any legal right to do business;
(b) Commissions will be issued in the name of the business entity. The company will not have any liability to you if the business entity or any participant in the business entity fails to allocate and pay any portion of the commissions received by the business entity among the multiple participants in the business entity, or for any incorrect allocation and payment;
- Personal Information
2.1 Collection of personal information
The company is aware of and responsive to your concerns regarding how information about you is collected, used and shared as a result of your becoming a Seller. We respect your privacy and are committed to protecting the privacy of Sellers. The company collects from you and holds certain personal information about you in order to provide you with support, the benefits of being a Seller, and communicating with you regarding (i) Products and Promotional Offers, (ii) Your Selling Business, (Iii) Commissions, (iv) daily task, and (v) other relevant business issues.
All information submitted by you will be held by the company and you have the right to access and verify your personal information held by the company by login into your online panel which is called dash board.
2.2 Authorization To Use Your Personal Information
You authorize the company to:
- Transfer and disclose personal and/or confidential information, which (a) you have provided to the company in connection with your Selling business, or (b) that has been developed as a result of your activity as a Seller, to (i) its parent and affiliated companies wherever located, (ii) your up line Sellers when the company determines it is appropriate, and (iii) applicable government agencies or regulatory bodies if required by law.
- Use your personal information for Seller recognition and on the company’s website.
- Maintaining Your Seller Business Account
3.1 Keeping All Of Your Information Up To Date
As a Seller, it is your duty to keep the all information provided by you on our website up to date and accurate. You must immediately submit on the website any changes affecting the accuracy of such information. The company may terminate your Selling business or declare a Seller agreement void from its inception if the company determines false or inaccurate information was provided. If you fail to update your information accurate, holds may be placed on your account or other disciplinary action may be taken, including termination.
3.2 Adding A New Participant
You may not allow a person to engage in any business activity for, or have a beneficial interest in, your Selling business.
- Transferring And Terminating Your Selling Business
4.1 Transferring Selling Business
You may not transfer your Selling business or any rights therein, unless you have received the prior written consent of the company, which will not be unreasonably withheld. The company will not consent to any proposed transfer if it determines that the proposed transfer is not substantive and is being done to avoid the requirements of this agreement. The company will not recognize any assignment, and the transferee will have no rights until the transfer has been approved by the company. Any exceptions and waivers the company has made to the contract for the benefit of a Selling business will terminate upon the transfer unless otherwise provided in a written agreement by the company.
4.2 Transfers Upon Death
(a) Individuals. Upon your death, your Selling business may be passed on to your heirs, or other beneficiaries whether by will, intestate succession, or otherwise. The transfer will be recognized by the company when a court order or proper legal document addressing the transfer to a qualified transferee is submitted to the company. The company encourages you to make appropriate arrangements in consultation with a lawyer for the transfer of your Selling business.
(b) Participant in a business entity. If you are a participant in a business entity, upon your death your interest in the Selling business will be transferred according to the business entity’s legal documents and applicable law governing the transfer, provided that all persons of the transferee are qualified to hold an interest in a Selling business under this agreement. The transfer of your interest will be recognized by the company when a court order or proper legal documents addressing the transfer to a qualified transferee are submitted to the company.
4.3 Right To Terminate
You may terminate the agreement of your Selling business at any time.
Chapter 2 Operating Your Business
- Business Ethics
1.1 Purpose of Your Business
The primary purpose of your business and the company is to sell products to retail customers. As part of this process you may recruit other Sellers in the business to build your sales organization. However, the recruitment of other Sellers is not your primary focus, but rather an integral part of your fundamental obligation to sell products and increase the sales of products to retail customers by your Sales Team.
1.2 General Ethics
You must operate your Selling business in an ethical, professional, and courteous manner. This means, among other things, the following:
You must comply with the contract and with applicable law.
You must operate your Selling Business honestly.
You should indicate to prospective customers and Sellers who you are, why you have contacted them, and what products you are selling.
You may not make false or misleading claims about potential earnings under the commission Plan or about the benefits of using the company’s products.
You may not pressure any Sellers or prospective Sellers to operate in a financially irresponsible way, including, but not limited to, pressuring them to buy more products and services than they can reasonably use or sell, or to maintain specific inventory requirements.
You must not encourage or recommend that Sellers or prospective Sellers incur debt in order to participate in the business.
You must explain how to return products or cancel an order.
You must also explain that which products / services are non refundable.
You must not represent to prospective Sellers that they are required to purchase products or product packages to become Sellers. Prospective Sellers must be informed that they can sign up as Seller free of cost or that they may purchase products individually and not in product packages as per their need.
1.3 Non Disparagement
You may not make any misleading, unfair, inaccurate, or disparaging comparisons, claims, representations, or statements about:
The company; its products, or commercial activities; other persons; other companies (including competitors) or other company’s products, services, or commercial activities.
You must operate your Selling Business in a manner that is free of harassment, intimidation, threats, and abuse. Harassment of any kind will not be tolerated, including, but not limited to, race, religion, physical and verbal abuse, or soliciting, encouraging, or consummating any inappropriate or unwelcome written, verbal, electronic or physical relationships, sexual advances, requests for sexual favours, or other physical, verbal, or visual behaviour of a sexual nature, with another Seller, company employee or customer.
1.5 No Contact Of Vendors
You may not contact, either directly or indirectly, the company’s vendors, suppliers, basic research partners, or any other advisors or consultants of the company without the prior written consent of the company.
1.6 Maintaining The Company’s Reputation
You will not act in any way, including your actions outside the scope of your Selling Business, which could be considered detrimental to the business or reputation of the company or its Sellers. The company has the right to, in its sole discretion, determine what actions may be considered detrimental and take action against you.
- Independent Contractor
2.1 Sellers Are Independent Contractors
You are an independent contractor. You are not an agent, employee, officer, partner, member, or joint-ventures with the company, and you may not represent yourself as such. You agree that as an independent contractor, you:
Are responsible for your own business decisions and must determine in your sole discretion, when you will work and the number of hours you will work;
You will be paid commissions based on sales and not the number of hours you work;
You are subject to entrepreneurial risk and responsible for all losses that you incur as a Seller;
You must pay your own license fees and any insurance premiums, and if required, obtain registration in appropriate departments of your state to run this business;
You are responsible for all costs of your business including, but not limited to, travel, entertainment, office, clerical, legal, equipment, accounting, and general expenses without advances, reimbursement, or guarantee from the company and will not be treated as an employee of the company;
You must pay any income tax required by state, and local laws, statutes, and regulations. You are responsible for the proper collection and payment of sales tax on retail sales if any according to your state.
2.3 No Authority To Act On Behalf Of Company
You have no authority to act on behalf of the company. This includes, but is not limited to, any attempt to:
Register or reserve company names, trademarks, trade names or products;
Register urls using the company names, trademarks or trade names;
Register or secure approval for products or business practices;
Establish business or governmental contacts of any kind on the company’s behalf.
You must indemnify the company for all costs and attorneys’ fees incurred by the company for any remedial action needed to exonerate the company in the event that you improperly act on behalf of the company. You must immediately assign to the company any registration of company names, trademarks, trade names, products, or urls registered or reserved in violation of this section without the company’s reimbursement of any costs you incurred.
2.4 Designation As Employer Prohibited
You may not identify the company as your employer on loan applications, government forms, employment verification requests, applications for unemployment compensation or any other form or document.
- Ordering Products Or Services
You may order products directly from the company’s website. There is no minimum order; however, shipping and handling costs may vary depending on the amount of products ordered.
3.2 Transfer Of Title
Title to and risk of loss for any products you order transfers to you when the products are shipped.
3.3 Inventory And The 80 Percent Rule
As a Seller you have no specific inventory requirements. You must use your own judgment in determining inventory needs based upon reasonably projected retail sales and personal use. You are prohibited from ordering more than a reasonable amount of inventory. By placing an order, you certify that you have sold or consumed at least 80 percent of your total inventory from previous orders.
3.4 Methods Of Ordering
The company does not accept orders on credit. Orders will not be shipped until they are paid in full. Payment must be made by only online transfers, same bank account cheques, credit card, debit card, direct debit or personal or business cheques or such other method as may be accepted by the company. Uttam Deal does not accept cash, if deposited to any of our bank then we will require original deposit slip along with the PAN No. Of the depositor before despatching the products to depositor.
3.5 Issuing Credits
A credit to cash wallet may be issued in instances of overpayment, product exchanges, or in other circumstances when an order cannot be completely filled.
3.6 Pricing Changes
The company maintains the right to change product prices without prior notice.
3.7 Payments Without Sufficient Funds
If any check is returned for insufficient funds or if any credit card payment is reversed, you must immediately make payment to the company for the full amount of the returned check or reversed credit card payment. If you fail to promptly make such payment you are in breach of the contract.
3.8 Use Of Another Individual’s Credit Card
You may not use another individual’s credit card to order products or services without the individual’s prior written approval. You must provide a copy of written approvals to the company upon request.
3.9 Retailing Of Products
You may only resell products in India.
- Product Refunds And Exchanges
4.1 Refund Policy
The company has a clear cut Returns and Refund Policy, which is mentioned on www.uttamdeal.in and it will be applicable under this agreement and shall be enclosed with this agreement to be valid.
4.2 Exchange Policy
The company has a clear cut exchange policy under the Returns and Refund Policy, which is mentioned on www.uttamdeal.in and it will be applicable under this agreement and shall be enclosed with this agreement to be valid.
4.3 Procedures For Obtaining A Refund Or Exchange
You must comply with the procedures mentioned in Returns and Refund Policy to obtain a refund or exchange.
- Retail sales and customer returns
5.1 Retail Sales
Products purchased from the company may only be sold to retail customers, used for product demonstrations, or for your own personal use. You are authorized to resell products you purchase from the company to retail customers. You may establish your own retail prices for products (not above the mrp) and may keep all of the profits you earn from retailing the products to your retail customers.
5.2 No Wholesaling Of Products
You may not sell or distribute products to persons who intend to resell the products, or have resold products in the past. You are prohibited from selling to persons, either directly or indirectly, who ultimately (i) resell the products through a retail store, (ii) resell the products over the internet, regardless of the form of internet distribution channel, unless it has not been approved by the company in writing, (iii) import the products into an other country, or (iv) use any other method of distribution that violates the primary purpose of your Selling business and that of the company. You must take reasonable steps to ensure that persons who purchase products from you do not intend to violate this section.
- Commission Plan
6.1 Commission Plan
The commission Plan is a part of the contract, and you are bound to its terms. The commission Plan may be changed by the company at any time without any prior notice and it will be affected from immediate effects and it is available on our website www.uttamdeal.in and it will be applicable under this agreement and shall be enclosed with this agreement to be valid.
6.2 Exceptions To Commission Plan
The company, in its sole discretion, has the right to hold, maintain, or promote a Seller to any position in the commission structure without regard to fulfilment of any position and quantity requirements, or waive any other obligation or requirement of the commission Plan. Unless otherwise agreed in writing by the company, the company may terminate any exception granted pursuant to this section at any time and for any reason.
Company may give some extra commissions apart from commission plan to promote the sale or sales team but that extra commission can not be taken for granted to get it always as company’s commission plan which is mentioned on the website will be final.
Company may also give some extra payment to meet your expense for promotional activity as a promotional expense on it’s sole discretion and it can not be taken to get it always, as it will depend on company’s marketing strategy.
6.3 No Commission for Recruiting
You do not receive any commission for recruiting other Sellers. Your amount of commission will be based on your sale of products, and the sales of your Sales Team.
6.4 No Guaranteed Income
You are neither guaranteed a specific income nor assured any level of profit or success. Generating meaningful income as a Seller requires considerable time, effort, and commitment to the business. You should operate your Selling Business in a financially responsible and business like manner, you should not (i) incur debt to purchase products, (ii) quit you current employment until you are confident that you can afford to do so, and (iii) incur expenses that exceed the amount of your commissions. This is not a “get rich quick” program. Your profit comes only through the successful sale of products and the sales of other Sellers within your Sales Team or through any other promotional activity or schemes offered by the company time to time.
6.5 Manipulation Of Commission Plan
Maintaining the integrity of the commission Plan is of vital importance to the company. You must abide by the terms and conditions of the commission Plan and you may not, in any form, use false identification numbers, false names, false Selling Commission Plan, buy additional product to maintain or upgrade your position , warehouse products, or use any other form of manipulation that violates our terms and conditions.
In addition to the retail profits you can earn from your resale of products, you can also receive a commission under the commission Plan, subject to the following:
(a) You may not receive any commissions if you are in violation of the contract;
(b) The requirements for receiving a commission and the terms for determining the amount of the commission may be changed by the company at any time;
(c) Commissions may be paid by check, online transfer to your bank account, or any other method chosen by the company;
(d) No interest accrues on commissions when the payment of such has been delayed by the company for any reason;
(e) The company will pay no commissions until the aggregate accrued monthly commissions are equal to Rs. 50.00. If your Selling Business is terminated, any unpaid accrued commissions will be forfeited.
6.7 Commission Recovery
(a) In addition to any other recovery rights provided in this agreement, the company has the right to require you to repay any commissions paid to you:
(i) On products returned under the company’s refund policy;
(ii) On products returned in relation to any incident of Seller misconduct;
(iii) That was mistakenly paid by the company;
(iv) In the event you violate the provisions of this agreement, in addition to any other remedies available to the company, the company shall have the right to adjust your level and recalculate your commissions for the period in which such activities occurred by disregarding the volume from products that were returned, that were purchased in order to maintain any levels, or any other activity that violate any section of this agreement. You must repay any commissions that were paid to you in excess of the adjusted commission that is calculated by the company as set forth above.
(b) If you are obligated to repay any commissions to the company, the company will have the right to recover such amount by (i) requiring a direct payment of the amount from you, or (ii) withholding the amount from your present or future commission payments.
(c) Extension of the company’s refund policy, whether required by applicable law, or instances in which Seller misconduct, misrepresentation, or other extenuating circumstances necessitates a company refund in excess of its stated refund policy, will be considered on a case-by-case basis. In the event the company is required to make a refund that exceeds the terms of its refund policy, the company may recoup commissions paid to you on those products as well.
6.8 Payment Corrections
It is your duty to make sure that the commissions paid to you are correct. If you discover an error in your payment you must notify the company within 7 days after the receipt of your commission. If you fail to notify the company of any errors or disputes with respect to a commission payment within this 7 days period, you will be deemed to have accepted the payment as full and complete payment of any commissions earned during such commission period and you will have no further right to dispute the commission payment or seek payment of any additional commission.
- Associating Others
7.1 Associating Other Organizations With The Company
The company’s business is not based on race, gender, beliefs, or political affiliations. When you are training your Sales Team, selling products or promoting the business, you may not promote, advocate, sell, or include literature, books, or other material that promotes any other organization or individual, whether religious, political, business, or social, or that implies any association between the company and any other organization. Company and Seller meetings, calls or any other functions may not be used as a forum to promote or express personal beliefs, other organizations, companies, events, or individuals
Chapter 3 Advertising
- Business Support Materials
1.1 Use Of Business Support Materials
You may only use business support materials which is present online on www.uttamdeal.in and can not use any printed material except product catalogue as company does not print any other support material to avoid miss commitments by Sellers, you may only use business support materials that have been specifically approved for use which are present on our websites.
1.2 Use Of Trademarks And Copyrights
(a) Use of company trademarks and copyrights. The company’s trademarks and copyrights are valuable assets of the company and the company strictly regulates the use of these trademarks and copyrights to ensure that they do not lose their value to the company or its Sellers. You may not use the company’s trademarks, copyrights and other intellectual property rights, registered or otherwise, in any form except as specifically authorized by this agreement or as otherwise approved in writing by the company. The company may prohibit the use of the company’s trademarks or copyrights in any business support materials or other medium.
(b) Damages : You are liable to the company for any damages arising out of your misuse of the company’s trade names, trademarks, copyrights and other intellectual property rights, in any form except as specifically authorized by this agreement or as otherwise approved in writing by the company.
- Product Claims
2.1 General Limitation
You may only make the specific product related claims and representations published on the company’s website.
2.2 No Medical Claims
You may not make medical claims, or state or imply that any product is formulated, designed or approved by the company or any regulatory authority to treat any disease or medical condition. These representations imply that the products are drugs rather than cosmetics or nutritionals. You also may not compare products to drugs, or make drug or medical claims. Any such representations, claims or comparisons by you may result in your personal liability.
- Income Claims
3.1 No Misleading Income Claims
It is important that all Sellers are fully informed and have realistic expectations concerning the income opportunity associated with being a Seller. To help make sure all Sellers have realistic expectations, you must comply with the provisions of this section in all aspects of your business activities. Most importantly, you may not make any claims, specific or implied, regarding the income opportunity that are false or misleading, including income guarantees of any kind. You may not exhibit actual or facsimile commission checks.
3.2 Requirements For Lifestyle And Income Claims
You may only make lifestyle claims (e.g., my Uttam Deal commissions allowed me to buy a boat, quit my job, purchase a new home, etc.) Or claims regarding the level of commissions or income associated with your Uttam Deal business if the following conditions are met:
(a) The information must be accurate and not misleading;
(b) The information must be based on your experience and actual commissions, or the experience and income level of Sellers in your immediate up line or Sales Team, or be consistent with information in company;
(c) The income claim must be stated in a monthly or annual amount and the actual percentage of Sellers earning that amount;
(d) You must simultaneously disclose in immediate proximity to the income claim, the most recent Seller commission summary;
(e) You may not make any claim regarding the amount of time required to reach specific income levels without prior written approval from the company;
(f) If you make claims regarding “income” or “profit” rather than “commissions” or “compensation” you must either net out the expenses you incurred in generating such income or disclose the amount of expenses that you incurred in generating such income;
(g) If you make claims regarding commission levels you must note that such amounts are gross amounts before the deduction of expenses associated with doing the business.
- Mass Media; General Advertising
4.1 Promotions Utilizing Mass Media Prohibited
You may not use any form of media or other mass communication advertising to promote the products, including mass communication advertising on the internet. This includes news stories or promotional pieces on T.V. shows, newscasts, entertainment shows, internet ads, etc. Products may be promoted only by personal contact or by Sellers in accordance with this agreement.
4.2 Media Interviews
You may not promote the products or opportunity through interviews with the media, articles in publications, news reports, or any other public information, trade, or industry information source, unless specifically authorized, in writing, by the company. This includes private, paid membership, or “closed group” publications. You may not speak to the media on the company’s behalf, and may not represent that you have been authorized by the company to speak on its behalf. All media contacts or inquiries should be immediately referred to the company.
5.1 Use Of The Internet In Selling Business
You may use the internet to promote the company, including its products, only if such use is specifically authorized by sections 5.2 or 5.3 of this chapter and is in compliance with all of the provisions of this agreement including sections 2, 3, 4 and 5 of this chapter 3, as well as the written guidelines for internet use established by the company. All other uses of the internet to promote the company or its products or its commission Plan are prohibited.
5.2 Permitted Internet Activities
All Sellers may utilize the internet as follows:
(a) You are allowed to utilize company produced Seller websites.
(b) You may use generic (i) business opportunity websites, (ii) splash pages, or (iii) social media with links to company websites. These generic pages may not contain the company’s trademarks or other copyrighted material and may not contain information on the company, its products or its business, or pictures of products or corporate facilities/personnel. They also must not contain any false or misleading information.
(c) You may use the internet, including social networking sites, blogs, social media and applications, and other sites that have content that is based on user participation and user generated content, forums, message boards, blogs, wikis and podcasts (e.g., Facebook, twitter, Flickr etc.) To (1) communicate preliminary information about the company or your involvement with the company, (2) direct users to a company internet marketing site and (3) post company produced business support materials that have been approved by the company for posting on personal blogs or social networking sites; provided, however, that such communication and use must be (i) incidental to the primary use of such forum, site, blog, board, wiki or podcast or other form of internet use, and (ii) may not be an internet marketing site.
If you maintain a personal Facebook page where you post a variety of information, you could post information that that you are a Uttam Deal Seller, information about Uttam Deal events you have participated in, and preliminary information about Uttam Deal, and direct readers to a company internet marketing site for more information. If you maintain a personal blog or social network site, you may blog in a particular post that you are a Seller of Uttam Deal , and that others can sign up as Sellers, and to contact you if they are interested in discussing the business with you.
5.3 additional restrictions on internet use
All Seller websites, and any other form Of internet use allowed by these policies, including internet video and audio, social media, and other sites that have content based on user participation and user generated content must comply with the following rules:
(a) You may not use or distribute replicating websites;
(b) You may not include any company or third party intellectual property or proprietary information in the unique domain names/url or meta-tags of your websites, on or in any other form of internet use, including but not limited to, tags, links, blog names, social networking sites, social media and applications, and other sites that have content based on user participation and user generated content, forums, message boards, blogs, wikis and podcasts (e.g., Facebook, YouTube, twitter, Wikipedia, Flickr), or as “wallpaper;”
(c)You may not register your website(s) with search engines or web directories using any company or third-party owned intellectual property or any proprietary information (e.g., trademarks, trade names, trade secrets, and copyrighted material) without written permission from the owner;
(d) You may not use recruited links or pay for placement advertising with internet search engines and web directories;
(e) You may promote your websites or pages through one-on-one personal contact only; and
(f) You may provide links to your website or pages only from other websites that have been registered with the company.
You must comply with all laws regarding the sending of email messages, and it is your duty to become and remain informed about the requirements of these laws. You are prohibited from sending unsolicited email regarding your website or Selling Business to individuals who have not specifically requested information regarding the company’s business or products. In the event an individual who has formerly agreed to receive email information concerning the business and/or products later requests that you cease sending the individual email, you must honour this request immediately.
- Lead Generation Services; No Speaking Fees
6.1 Using Leads
Before you sell, purchase, or use any lead in the promotion of the business, you must verify that the lead has been properly obtained and is legal for use in the area where you are contacting the identified lead. This includes but is not limited to ensuring the lead’s compliance with “do not disturb ” lists in the state, or region where the lead’s address is located. Any violation of laws related to leads is the sole responsibility of the persons providing and contacting the leads. The person committing the violation must indemnify the company for any costs or damages arising from regulatory or personal challenges to the use of the lead.
Chapter 4 Recruiting
- Becoming A Recruiter
You may only act as a recruiter if you meet all the requirements and accept all the responsibilities described in the contract.
1.2 The Placement Of New Sellers
You may refer persons to become Sellers of the company by having them submit an online registration form to the company. Upon acceptance by the company of the online registration form, applicants are placed directly below the recruiter listed on the registration form. Although a newly recruited Seller may be referred to as part your Sales Team, this does not create in you any form of ownership interest in that Selling Business or with respect to any information regarding that Selling Business. All Sellers are part of the company’s sales network, and the sales network and any information regarding the sales network are an asset that is owned solely by the company and not the recruiter.
1.3 Distribution Of Company Leads
When the company receives inquiries from individuals concerning the company’s products or business, the company may refer these individuals to Sellers according to its discretion.
- Responsibilities Of A Recruiter
2.1 Training Of Sales Team
You must supervise, train, support, and have on-going communication with (i) any Seller that you recruit, and (ii) your Sales Team in a manner consistent with the terms of the contract. Your responsibilities include, but are not limited to:
(a) Provide regular retail sales and organizational training, guidance, and encouragement to your Sales Team;
(b) Exercise your best efforts to make sure that all Sellers in your Sales Team properly understand and comply with the terms and conditions of the contract and applicable national and local laws, ordinances, and regulations;
(c) Intervene in any disputes arising between a customer and any of your Sales Team and attempt to resolve the disputes promptly and amicably;
(d) Maintain contact with your Sales Team and be available to answer questions;
(e) Provide training to ensure that the product sales and opportunity meetings conducted by your Sales Team are conducted in accordance with the contract, current company commission Plan, and in accordance with any applicable laws, ordinances, and regulations;
(f) Monitor the activities of those you personally recruit and those in your Sales Team and work in good faith with the company to prevent the violation of this agreement and manipulation of the commission Plan;
(g) Supervise and assist your Sales Team’s efforts to sell the company’s products to retail customers;
(h) Cooperate with the company regarding investigations of your Sales Team, and, upon request from the company, provide all relevant information pertaining to any investigation.
2.2 Line Switching
You may not encourage, entice, or otherwise assist another Seller to transfer to a different recruiter. To do so constitutes an unwarranted and unreasonable interference with the contractual relationship between the company and its Sellers. This prohibition includes, but is not limited to, offering financial or other tangible incentives for another Seller to terminate an existing Selling Business and then re-sign under a different recruiter. You agree that a violation of this rule inflicts irreparable harm on the company and agree that injunctive relief is an appropriate remedy to prevent that harm. The company may also impose penalties on any Selling Business that solicits or entices an existing Seller to change lines of seller.
Chapter 5 General Terms
- General Terms
1.1 Governing Law/Jurisdiction
Noida will be the exclusive venue for arbitration or any other resolution of any disputes. The place of origin of the contract is Noida , u.p. India, and the contract will be governed by, construed in accordance with, and interpreted pursuant to the laws of Utter Pradesh of India, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes, including the validity of provisions regarding arbitration, place of venue, and jurisdiction, will be in Noida Uttar Pradesh, India.
The headings in the contract and all over website www.uttamdeal.in are for convenience of reference only and will not limit or otherwise affect any of the terms or provisions of the contract.
1.3 Plurality And Gender
All words will be deemed to include the plural as well as the singular and to include all genders.
In the event that any discrepancies exist between the English version of the contract and any translation thereof, the English version will be the final.
1.5 Validity Of Any Printed Material
The information given on the website www.uttamdeal.in is the latest and accurate hence it will only be applicable regarding our plan, products and services. Any printed material regarding our plan, product and services which is available in the market may have been outdated or manipulated, so it will not be valid for any purpose until and unless it is current dated and unaltered printout from our website.
1.6 Kyc/Kyds (Know Your Customer/Know Your Sellers
Every genuine Selling company should maintain kyc/kyds (know your customer/know your Sellers) as a moral responsibility, in regards to this you agree to provide Uttam Deal with a valid email address, postal address, mobile number, a copy of pan card, bank account proof and address proof upon registration. Failing to this will be treated violation of this agreement and shall be dealt accordingly.
1.7 Payments And Payouts
All payments will be made in Indian rupees, Seller commissions shall normally be paid by account transfer and sent out weekly and monthly if a sale is cancelled or refunded, the related commission will be deducted from a subsequent payment. The minimum commission amount that will be transferred is rs.50. Payments will be made after the deduction of TDS according to Indian law. Uttam Deal will not be libel for delay in service of the payment if the bank account is not updated or wrong bank account has been updated or due to any other reason which is beyond our control. Providing the wrong bank account may cause delay of payout for at least 1 month and Uttam Deal will not be libel for the same. According to new rules of RBI payment will be transfer on the bases of IFS code and account number and names are not matched so if the account provided belong to some other person then payment will be transferred to that account and neither company can control on this nor will be responsible for your such type of mistake so company will not repay the payment and you will have to look at this matter of your own to get the payment back from that account holder.
1.8 Manmade Diamonds
Manmade diamonds are also called Synthetic diamonds which are very similar to mined diamonds but they are not and that is why they are very cheap as compared to mined diamonds, it is clearly mentioned in our website and all sellers are bound to clearly inform others before selling it.
1.9 Tracking And Paying Commissions
Uttam Deal will make every reasonable effort to track and pay commissions for all sales that apply to Seller on time. However, Uttam Deal is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Seller understands that Seller tracking can never be 100% accurate and Uttam Deal is not responsible for inaccuracies that might occur beyond its control. Tracking of Seller sales depend on several factors, technical and otherwise, which are out of the control of Uttam Deal. It is the goal of Uttam Deal to make Seller tracking as accurate as possible, however, Uttam Deal cannot guarantee 100% tracking for situations beyond its control.
1.10 Indirect, Incidental, Special Or Consequential Damages
Uttam Deal shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Uttam Deal has been advised of the possibility of such damages. Uttam Deal aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Uttam Deal under this agreement.
1.11 Right To Amend This Agreement
Uttam Deal reserves the right to amend this agreement as needed from time to time, and Seller agrees that any such amendment will apply to Seller without any prior notice and with immediate effect. Continued use of the Site and its services constitutes acceptance of any modified terms and conditions.
Both Uttam Deal and the Seller reserve the right to terminate this agreement at any time. The term of this agreement shall be for a period of one year from the date hereof and shall be renewed after purchasing another package upon each anniversary, without further act of the parties, unless either party has terminated this agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment date so long as the terms of this agreement were not violated by the Seller. Payment of the final commission of the Seller may be withheld for a reasonable time in order to ensure that the correct amount is paid.
1.13 Enforcement Of This Agreement
In the event that a provision of this agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the agreement will remain in full force and effect.
1.14 Enactment Of Laws
The company will be relieved of all their liabilities towards the Seller in case of any enactment of laws by the centre or state government regulating or restricting direct selling practices or the commissions, or incentives and such other benefits to which they may be entitled in such as event Sellers though eligible for the same shall not have any claim on such incentives that may fall under the prohibitive clauses of the laws enacted.
In the event of any dispute arising between the Seller and Uttam Deal relating to any matter connected with this agreement or with regard to appointments as an independent Seller of Uttam Deal or the subject thereof or in relation thereto and whether as to construction or otherwise, the same shall be referred for arbitration under the arbitration and conciliation act, 1996 which is amended by the Arbitration and Conciliation (Amendment) Ordinance, 2015. The company shall appoint a sole arbitrator whenever any such dispute arose. The award made by the sole arbitrator shall be final and binding on both the Seller and Uttam Deal. The venue of arbitration shall be at Noida only.
1.16 Size Of Gemstones
Some Gemstones may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented
larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire Gemstones.
1.17 Quality Of Gemstones
Gemstones should only change hands when accompanied by a certificate attesting to quality. Regardless of location or marketplace, an authentic Laboratory
Report is the common language of trust and confidence in the gemmological world, and it should be consider an essential part of any transaction. We take
this responsibility very seriously.
1.18 Liability Of Product And Services
Uttam Deal is registered as a trading firm and does not manufactures any products so can not take any liability or warranty of any kind and also does not provide any services so can not be asked for any type of service complaint. All complaints regarding any faulty product, product quality, etc. should be done to the manufacturer of that product, similarly all service complaint should be done to the service provider, Uttam Deal will assist you in filing complaint to the concerned company in such cases. Uttam Kundali is also a product as personalised EBook which is generated by the software and there by supplied to you free of cost, since it is based on the several astrological calculation, we can not be liable for that and our holiday package is provided by some vender mentioned on the package hence the liability of providing service also goes to that company.
1.19 Sale Request
Most of the time we can not know who has transferred the amount to our bank so the seller who has requested payment by providing the relevant details of the transaction will be the final instructor for sale and according to his instruction sale will be generated on the ID informed by him.
1.20 Estimated cost of products
We estimate the cost of products in 2 ways like in first case we write MRP from the manufacturer’s or supplier’s website or it Is provided or guided by them, and in second case we write worth Rs. Xxx.00 for free products, this we get from T.V. add for similar products in several Teleshopping shows. So it may vary and it may be lower according to you so use your own judgement and we do not guaranty for any estimation of offered free product price.
We may announce several types of incentives to promote our sale including but not limited to Foreign Trips, Cars, Mobiles, Flats, Lands, LED Television, Washing Machines, etc. All incentives will be given within 6 to 9 months after the date of achievement. In case of Flat or land, we do not guarantee to provide it in your city or state, as it depends on various factor but we will try our level best to provide it in your state. All announced incentives should be taken as an assurance and not as a guarantee because some time it will not be possible to provide it due to price increase, unavailability, quality issue, or there could be various reasons for non-fulfilment of announced incentives, in that case we will provide other options like we can offer you to select any product from our website of same value, or we can even offer a set of products against your incentive achieved and you will accept those offers from us as you understand that incentives are not among your committed commissions rather it is a complementary gift for your effort.