The applicant is required to read thoroughly and understand the terms and conditions, policies, procedures, code of ethics and business opportunities of the company as given below. This application/agreement form is considered as an authentic and legally binding document. This contract is between the applicant (herein after referred to as the distributor or representative or Independent Distributor) and EMERGING NETWORK PRIVATE LIMITED (hereinafter referred to as the Company).

To become an Independent Distributor you shall:

(a) Distributor/representatives must be of legal age in the state, territory or country of their      domicile;
(b) Have a Sponsoring Upline;
(c) Complete the on-line Distributor Application Form on the official website of the Company;
(d) Pay a non-refundable registration fee ("Registration Fee") in advance.

 

The applicant will only be a distributor/representative if his application is received and accepted by the Company. The Company has the right to accept or decline any application at its sole discretion. In the case of rejection, a notice will be given to the applicant with a complete refund.

The company under no circumstances will accept any payment in cash. If anybody makes any payment in cash, it will be at his/her own risk and under no circumstances, will the company be answerable for such unauthorized cash payments.

Product Exchange Policy:
(1) Product change request can be made within one week of your “Login Date”. After that it would not be accepted.
(2) Product change amount (Price difference of products exchanged) must be paid to company within 15 days of “Login Date” else your request will be closed permanently.

Account Name Transfer Policy or Cheque Name Change Policy: Customer has to pay a Demand Draft of INR 3600/- in favour of Emerging Network Pvt. Ltd and all the required documents.

Cheque Reissue Policy: (1) In case of cheque lost company has a minimal fees of INR 150/- for cheque reprinting.(2) Company has no policy to reissue a cheque if it gets expired. Every cheque has six months expiry date.

Cancellation Policy- Refund Policy: The payment made by the applicant towards Registration Fee or any other product is not refundable under any circumstances.

A person or entity may not apply as a distributor/representative using a fictitious or assumed name.

A person or entity can't apply for another Distributorship once he/she has already registered himself/herself as an Independent distributer.

The appointment of a distributor/representative is for a term of one calendar year only. A Distributor must renew his Distributor ship annually on or before the Anniversary Date. Subject to any relevant requirements under the Compensation Plan, the Distributor has a right to renew the Agreement by paying the non-refundable Annual Administration Fee on or before the Anniversary Date.

If a distributor/representative does not renew his Distributor ship on or before his Anniversary Date and before the expiry of the grace period, he shall be deemed to have voluntarily terminated his Distributor ship with the Company and thereby loses his Distributor status, all sponsorship rights in the Genealogy and all rights to commissions and/or bonuses since the date of his last Anniversary Date on or before which he should have paid the Annual Administration Fee in order to renew his Distributorship .

A distributor/representative is an independent contractor having the rights and obligations conferred by the Terms & Conditions to promote or market the products of the Company.

A distributor/representative is not a franchisee, partner, employee, agent or Distributor of the Company. He has no right to and shall not represent himself as such. The relationship between a Distributor and the Company is wholly governed by these Terms & Conditions. Any breach of this clause on the part of the Distributor is a serious breach of the TERMS & CONDITIONS and may result in the immediate termination of his Distributorship.

As a distributor/representative is not an employee of the Company, any costs he incurs in the development of his business are at his own expenses. He shall not be entitled to seek reimbursement from the Company.

Similarly, the Company is not responsible for payment or co-payment of any employee benefits for its Distributors. Distributors are responsible for their own liability, health disability and workmen’s compensation insurance, etc.

Distributor/representative has a non-exclusive right to market and promote products of the Company. There are no geographical limitations exist on sponsoring or selling country; provided, however, that the Company reserves the right not to sell products or services in any states, territories or countries.

Only a distributor/representative has a right to sponsor Customers and/or sponsor another new Distributor to the Company and enjoys the benefits under the Compensation Plan for doing so. When sponsoring new Distributors to the Company, the sponsoring Distributor shall give the persons whom he intends to sponsor a copy of the TERMS & CONDITIONS and details of the Compensation Plan.

A distributor/representative has no right to negotiate or conclude any contract on behalf of the Company. Nor shall he hold himself out as having such a right. He shall not represent himself as agent, Distributor or employee of the Company.

Distributors must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective Distributors. Nor may Distributors use their own incomes, or other Distributor’s income as indications of the success assured to others. Commission cheques shall not be used as marketing materials. Distributors shall not guarantee commissions or estimate expenses to prospects.

Distributor/representatives are strictly prohibited from promoting any competitive services, products and/or business programmes.

All distributors/representatives have a responsibility to maintain the network integrity of the Company. Any Distributor who is found attempted “hacking” into or interfering or tampering with the Company’s database or any part of the Company’s computer system (hardware and/or software) or attempting to do any of the aforesaid acts without the proper authorization shall be liable to immediate termination of his Distributorship. They shall also be liable for all consequential damages and losses of the Company.

Distributor/representatives are personally responsible for paying local, state, provincial, and federal taxes on any income they generate as Distributors. Unless required by laws, regulations, or rules in any relevant countries, the Company shall have no obligation to provide tax information about the commissions and/or bonuses its Distributors earned on behalf of Distributors to any government authorities or withhold any commissions and/or bonuses for paying its Distributors taxes.

Any commissions paid by the Company are gross profits with no taxes of any kind withheld by the Company. If subsequent to payment of commissions and/or bonuses to a distributor/representative, the Company is found liable for not withholding tax relating to those commissions and/or bonuses, the Distributor shall indemnify the Company for such a liability.

A distributor/representative must be active and in compliance with the Agreement, TERMS & CONDITIONS and the Compensation Plan and has paid the Registration Fee or Annual Administration Fee to qualify for commissions and/or bonuses. So long as a Distributor is entitled under the Compensation Plan to receive commissions and/or bonuses, the Company shall pay commissions and/or bonuses to the Distributor in accordance with the Compensation Plan. Distributors must consult the Compensation Plan for a detailed explanation of the benefits, commissions and bonuses structure and the corresponding requirements.

Commissions and bonuses are paid ONLY on the sale of the Company products. No commission or bonus is paid on the purchase of the Company’s sales materials, literature, starter kits or for sponsoring other Distributors and/or Customers.

Company will expeditiously ship all products currently in stock. Any out-of-stock items (unless discontinued) will be placed on back-order and be distributed upon the Company receiving additional inventory. Sponsoring Distributor will be granted commissions on back-ordered items once they are shipped unless notified of the discontinuance of such product. Back-orders may be cancelled upon the customers’ request

The Company shall have the right to set off any debt(s) a Distributor owes to the Company against his bonuses and/or commissions.

The distributor/representative will be eligible for incentives or income only as per the volume of business done by him that is also subject to the eligibility norms formulated by the company. The company does not assure any incentive or income to the distributor/ representative on merely account of his/her joining the company.

The independent distributor/representative will not be a consumer, agent, or employee of the company. His/her position being so, he/she cannot bind the company, in any manner nor he/she has any authority to bind the company or to represent or speak on behalf of the company.

The company will approve the distributorship/representativeship by issuing an official receipt and an online registration, which will carry the password and an identification number known as EN ID. This password and EN ID have to be quoted by the distributor/representative in all his/her transactions and correspondence with the company. The EN ID cannot be altered at any later point of time.

The company will, in no case, entertain any communication without EN ID and password.

The company will not entertain any request for any product/package made after six months of the date of acknowledgement of payment.

The distributor/representative has to pay annual renewal fees at the end of 12 months of their distributorships as per the company norms.

Trimming and Service Charges will be deducted as per Company norms. TDS will be deducted as formulated by the Government.

A distributor/representative has a right to nominate a person as his nominee to whom the Company will transfer the Distributor’s Distributorship upon the death of the Distributor. The Distributor has a right to change his nominee in his life time by giving written notice to the Company. However, the Company will not accept such a transfer unless the nominee or the last nominee has executed a current Distributor Application Form and submitted certified copies of the death certificate of the Distributor to the Company. The nominee will then be entitled to take over the Distributorship of the late Distributor and entitled to all the commissions, bonuses, or other benefits accrued thereafter and all the rights or and be subject to all the obligations as a Distributor of the Company. If a Distributor did not make any nomination in his life time, his Distributorship shall be terminated immediately upon his death. Any cross-lining as a consequence of the devolution of Distributor ship under this sub-clause shall not be treated as a breach of the TERMS & CONDITIONS.

Only the promotional and advertising materials produced or approved in advance in writing by the Company may be used to advertise or promote a Distributor’s business or to sell products and services of the Company. Company's literature and materials may not be duplicated, reprinted or personalized without the prior written permission.

Distributors/representatives are not permitted to use the Company's trade name in advertising their telephone and telecopy numbers. Distributors are not permitted to list their telephone numbers under the Company's trade name without first obtaining the prior written approval from the Company’s Legal Department.

Distributors/representatives are prohibited from granting radio, television, newspaper tabloid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize the Company, its products or Company businesses, without the express prior written approval of Company.

No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in the Company literature and communication. Country, Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Distributors shall not represent or imply, directly or indirectly, that Company's programs, products or services have been approved or endorsed by any country or governmental agency. The integrity of the Compensation Plan is built upon person-to-person, one-on-one and in-door presentation methods of sale. Distributors shall not knowingly sell any Company's product to or display any Company’s product, Company’s name, trademarks, literatures, promotional materials at any retail outlet, including, but not limited to supermarkets or food stores, flea markets or swap meets, permanent restaurant displays, bars or night clubs or any such similar establishment, convenience stores or gas stations. Exemptions must be approved in writing by Legal Affairs Department of the Company. Distributors may promote the Compensation Plan at their office, fairs and trade shows on the condition that it is not shown or displayed with any other plan associated with any direct selling company or networking company.

All individual distributors/representatives should adhere to the Rules & Regulations formed by the organization & if any of the distributors/Distributor is found guilty of not observing the same, then he/she will be terminated from the company.

The company reserves all rights to terminate a distributor/representative.

The distributor/ representative shall not compel or induce or mislead any person with any false statement/promise to join the company or to purchase any product.

The company will not be answerable for any promise, assurance given by any distributor/ representative to any person, unless it is in accordance with the approved business plans and terms of the company. Hence, the applicant shall go through the website-"www.EmergNet.com“ and the brochures and notices issued by the company. Through these company sources, he/she will fully inform himself/herself on all these matters.

The applicant/distributor/ representative shall ensure that all the information/furnished to the company is correct and properly entered. Any request for correction furnished by the distributor/ representative as to his/her sponsor or placement details will not be entertained, once payment statements are processed.

The company reserves the right to modify the terms and conditions, products, schemes, business and policies, giving prior notice through its website - www.EmergNet.com and it will be binding on all distributors/representatives of the company. The terms and conditions mentioned above shall be governed in accordance with the Law in force in the territories of India.

If any dispute or difference arises between the parties here to affecting the business or interpretation of any terms and conditions or as to 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.