The applicant will act as a Direct Seller, herein after referred to as “Direct Seller” for WDW E-Comm Services Pvt. Ltd. trade name “WINWAY”, herein after referred to as the said “Company”. The applicant must be a major (18 years) as at the date of application in order to be eligible to become a Direct Seller of the said Company and be competent to sign this Agreement. This document including the Direct Seller Application overleaf shall be fully completed and signed by the applicant and accepted by WINWAY the said Company has the option to reject any Application without assigning any reasons for the same and the decision of the said Company will be final and binding. The duly completed Application Form may constitute a Direct Seller Agreement (“Agreement”) between WINWAY and the applicant(s) whose signature and other identification data appearing overleaf.
1. The Business Opportunity is purely optional and a Direct Seller is not forced to bring or sponsor any other Direct Seller. She/he can do so if they wish for their own gain.
2. Direct Seller hereby confirms that he/she has entered into this Agreement as a Direct Seller. Nothing in this Agreement shall establish as employment, or any other labour relation between the Direct Seller and the Company, and nothing shall establish the Direct Seller’s position as a partner, procurer, broker, and / or representative of the Company.
3. When purchasing and selling the company’s products, the Direct Seller shall act as a Direct Seller, acting in his/her own name, at his/her own responsibility and for his/her account and the Company shall not be liable for the same.
4. Direct Seller hereby agrees to become the Company’s Direct Seller and to participate in its compensation/commission Plan as chosen by him/her which is understood by him/her in their vernacular language & agree to abide with the same.
5. Direct Seller will not use the Company Trade name or trademark except in the advertisement provided by the company or on the written consent by the company. Direct Seller’s are however permitted to promote the same through his/her personal contacts & word of mouth.
6. The Company will make all payment of commission and/or incentives through NEFT /RTGS in favour of THE Applicant only or deposit the said amount into the Applicant’s Account only after deduction of all applicable taxes and statutory requirements as governed by law of the land.
7. The Company shall as and when required at its option and sole discretion amend the Rules, Regulation, Policies & Procedures and Terms & Conditions of this Business Relation and shall notify any amendments, alterations, deletions or additions by updating in the Rule Book and/or its website. It is the Direct Seller’s responsibility to keep track of the same.
8. All disputes are subject to Sangli Jurisdiction. The Company can terminate this relation with Direct Seller at any time (without assigning any reasons to the Applicant for the same) or if the Company is of the opinion that the provisions of the Rules of conduct are not being followed and/or any anti-Company activities are being carried out.
9. All compensation/commissions are based on the product sales. There is no joining fee and the applicant is required to read thoroughly and understand the Rules & Regulations, Code of Ethics and business opportunities of the company as given below. This application/agreement form is considered as an authentic and legal binding document. This contract is between the applicant (herein after referred to as “Direct Seller”) and “WINWAY “(herein after referred to as “Company”). If the applicant agrees to adhere to and abide by the conditions mentioned hereunder, he/she shall become a Direct Seller on purchase of various product s according to MRP on product label. There are no joining fees. The company reserves the right to modify and amend these rules & regulations and code of ethics from time to time. These modification/change in rules & regulations and code of ethics will be informed to all the Direct Seller’s through company website: www.winwaydream.com and it will be binding on all the Direct Sellers of the company.
I. Rules & Regulations:
I. Application of Direct Seller.
1. The applicant should have completed minimum 18 years of age and shall be competent to enter into contract as provided in the ‘Indian Contract Act’.
2. Any partner, proprietor or limited company when applying for Direct Seller shall be registered under a duly appointed representative.
3. The applicant must personally and completely fill up and sign the prescribed Application form clearly and legibly in BLOCK letters to signify his/her acceptance of all the terms of the rules and regulations of the company.
4. Multiple Direct Seller is not allowed in the same name.
5. The Company has not authorized any Direct Seller of the company to receive any amount either in cash or by cheque/demand draft on behalf of the company towards Direct Seller fee or purchase of products. All such purchases should take place only in the company approved “FRANCHISE” or in the Company branches.
6. The Direct Seller will be eligible for incentives or commission only as per the volume of business done by him/her as stipulated in the business plan. The company does not assure any incentive or income to the Direct Seller on merely account of his/her joining in the company.
7. The company always reserves the right to reject any Direct Seller/ Direct Seller application at its own discretion.
8. The Direct Seller / applicant shall ensure that all the information furnished in the Direct Seller application form is correct and properly entered. Any request for correction of information after registration of the Direct Seller with the company will not be strictly entertained.
9. The company will not be answerable for any promise, assurance given with by any Direct Seller to any person, unless it is in accordance with the approved business plans and terms of the company. Hence, the applicant should go through the company website: www.mywinway.co/ or business brochures and notices issued by the company before entering into Direct Seller.
10. Company reserves the right to track member’s activity by both IP Address as well as individual browser activity
II. Direct Seller Duties & Responsibilities:
1. A Direct Seller is an independent business entity. Hence, he/she is not an Employee, agent or representative of the company.
2. A Direct Seller shall not use company name, logo, slogan, trademarks, and trade names without the company’s consent.
3. Direct Seller shall not engage or participate in any other networking or direct-selling companies. If found, such Direct Seller (Direct Seller) will be terminated with immediate effect, without notice.
4. No Direct Seller or leader shall conduct unauthorized seminars, meetings or assembly that is not in line with the business ethics of the company. Any leader or Direct Seller found to have been engaged in discriminating or including others to complain against the company’s procedures, rules and regulations will be terminated with immediate effect without notice.
5. The company products are AYURVEDIC MEDICINE, JUICES and NUTRITIONAL PRODUCTS; these have no therapeutic claims, in addition to SAFETY PRODUCTS. All Direct Sellers, “FRANCHISE” herein undertake to shoulder all responsibilities, liabilities and damages that may arise of any misrepresentation, over-claim or concealment regarding the true nature of company products.
III. Transfer of Direct Seller:
1. Application for change of sponsor or for the transfer of personal/group sales is prohibited.
2. Application for change of Name can be entertained provided the applicant shall abide the following Name Transfer Clause:
3. The Direct Seller’s name is not transferrable under any circumstances.
IV. Termination of Direct Seller:
1. All Direct Seller’s, “FRANCHISE” should abide by the Rules & Regulations and Code of Ethics of the Company & if anyone is found guilty of not observing the same, then he/she will be terminated from the company with immediate effect.
2. The Company reserves all rights to terminate a Direct Seller. Once a Direct Seller is terminated, he/she cannot enter any of the company premises/meeting locations and his/her incentives/commission will be stopped immediately.
V. Death & Inheritance:
The legal heir/s shall submit a certified copy of legal heir certificate to the company stating their request to replace the deceased Direct Seller (Direct Seller). The Company has the right to approve/disapprove the request upon proper evaluation.
VI. Prohibited business practices:
1. Under-cutting: Selling the company products in the market at a discounted price below the prescribed price rate is strictly prohibited.
2. Cross Sponsoring: Re-registration under other sponsor/up line in the same name or in name of blood relation (Wife, Children, Father, Mother, and Brother) is strictly prohibited.
3. Pirating: Convincing, enticing or inviting co-Direct Seller to join other MLM/direct selling company is strictly prohibited.
4. Dummies/False Representative(s): Registration of dummies or false representative(s) is strictly prohibited. The Company reserves the right to terminate such Direct Seller found guilty for committing above such prohibited business practices with immediate effect without any notice. The company reserves the right to suspend/cancel any commission or incentive(s) generated through the use of dummies/false representative(s).
VII. Commission (Incentives) & Payout:
1. Commission (Incentives) are based on the performance of the Direct Seller as per the compensation plan.
2. If the Direct Seller could not provide complete and correct bank details, the accrued commissions (incentive) will not be transferred and it will be on hold with the company. Any such commissions held by the company for more than Three months will be forfeited automatically. No Direct Seller can claim after such forfeiture.
3. Commission statements are system generated & it can be downloaded or printed from the Direct Seller login of the company website.
4. The company always reserves the right to hold and cancel the Direct Seller /”FRANCHISE”/ commission (incentives) against any receivable from such Direct Seller/”FRANCHISE”/ to the company.
VIII. Legal & Taxations:
1. The rules & regulations mentioned above shall be governed in accordance with the Law in force in the territories of India. Disputes, if any arise, shall be subject to the exclusive jurisdiction of the Court of Sangli.
2. If any dispute or difference arises between the parties regarding business or interpretation of any terms and conditions or incentives, Income etc. relating to the business of the company, the same shall be referred to arbitration and the arbitration shall be governed by the ‘Arbitration and Conciliation Act, 1996’.
3. The company reserves the right to modify/change the business plan without prior notice. Its effect will reflect on website: www.mywinway.co / and it will be binding on all the Direct Seller’s of the company.
4. TDS will be deducted as per the Income Tax Act. All Direct Seller’s should update their PAN details with application / website. If any Direct Seller has not given such details, the company will not be responsible for such TDS beyond one calendar year please note.
5. Know Your Customer (KYC) form is mandatory for all Direct sellers.
IX. CODE OF EHTICS:
As a Direct Seller of WINWAY, he/she shall agree to conduct company business according to the following ethical guidelines:
1. He/she shall endeavor to be professional in dealing with co-Direct Sellers.
2. He/she shall respect and follow the Code of Ethics and Rules & Regulations, observing it as a guide to the business.
3. He/she shall present the company product and business to all the clients, contacts and prospective Direct Seller’s with honesty and integrity by using only approved company publications and presentations.
4. He/she shall conduct business activities in a manner that will reflect the highest standard of integrity, frankness and responsibility.
5. He/she shall accept and carry out the responsibility as a company Direct Seller & maintain ethical business practice.
5. He/she shall take responsibility to teach and to help their groups by teaching the principles and guidelines of the company code of ethics, rules & regulations, product presentation, and compensation plan as a tool to start their way to success.
7. He/she shall take initiative to motivate their groups to take necessary Trainings and seminars to help them realize their potential business as their own.
I, the undersigned, hereby confirm that I have completed 18 yrs of my age. All the information is explained me in my vernacular language, I am joining as direct Seller at my own will and forced by my sponsor or company. I will be responsible to any loss due to my decision to become Direct Seller with the company and I will not hold company or my sponsor guilty or responsible in whatever way in future. I agree to adhere to and abide by the conditions mentioned hereunder. I shall become a Direct Seller, on Purchase of various product s which will make me eligible for a relation as a Direct Seller with the Company. My Direct Seller relation cannot be transferred sold, assigned to any person without the prior written consent of the company. I am responsible to pay all my applicable taxes from time to time and the Company will not be held liable for the same. I have no objection and I agree to the Company deducting tax at source from my weekly/monthly actual cheque as per rates prescribed under the Income Tax Act 1961 or pay the same as prescribed under any other law for the time being in force or any modification thereof. I solemnly confirm that the information set forth is accurate to the best of my knowledge and belief and have read, understood and hereby agree to the terms and conditions given in the reverse side of this form and those prevalent/updated on the company’s website, a copy of which has been made available to me by my sponsor. I also confirm and agree to abide by such terms and conditions modified or amended by the said company from time to time. By clicking I accept all terms & condition Direct Seller is signing the document digitally & ready to agree all the terms & conditions mentioned above or those which company will amend from time to time.