I hereby submit my Application to become a Direct Seller of Weellow Mart (hereinafter referred as Company). This application and Agreement shall come into effect on the date it is accepted by the Direct Seller and the Company may accept or refuse to accept the Application at its own discretion.
I hereby declare that I am a law-abiding Permanent Resident of Canada, and I am competent to enter into this agreement as per Canadian law. I am making this application seeking for appointment me as a Direct Seller of the company namely Weellow Mart out of my free consent and without any compulsion, force, inducement, coercion or influence and further the appointment so made is without payment of any membership fee/registration fee/ enrolment fees etc.
I have gone through the website and other marketing collateral of the company and further inquired from the existing direct sellers to understand the business of the company thoroughly and the business policy, business module, operational methods and the products in which the company dealt with etc. has been well understood.
I have collected the products against the payment that I have made, and I am completely satisfied with the products.
1. I (Direct Seller) state that I am entering into this Agreement with Weellow Mart to purchase and distribute its products for the promotion of sales of the company. I shall have to purchase and sell the products of the Company in accordance with conditions as stipulated hereunder in this agreement and with all applicable laws of the land and I will be entitled only to remuneration/benefits/commission on sales of products purchased as per the Remuneration Plan of the Company.
2. The term “Agreement” shall mean and include the Application, the Remuneration Plan and the Direct Seller's Policies and Procedures. I shall be bound to discharge my duties in accordance with the same and in case of breach thereof, if any, I will be solely responsible for any action/claim/prosecution, without reference to the Company.
3. Compliance with Laws: I shall comply with all applicable laws relevant to the conduct of my activities as a Direct Seller under this Agreement. In particular, and without limitation, I shall not make potentially misleading or deceptive claims in relation to doing business with Weellow Mart.
4. Rights: I state that as a direct seller of Weellow Mart., I have the right (but not the obligation) to:
(a) Buy products from Weellow Mart, and offer for re-sale of products in accordance with the Agreement, in such a manner as Weellow Mart may, from time to time allow in relation to its Direct Sellers generally and only on a direct selling basis, and not through retail outlets except to the extent permitted by the company.
(b) Recommend people of appointment/enrolment as Direct Sellers (Without any fees) and such recommendation and its acceptance shall be subject to approval by the Company.
5. Direct Seller: I shall be treated as a direct seller only upon acceptance of the term and conditions as stipulated by the company and on discretion of the Company. In no case, I shall be treated as or deemed to be treated as employee of the company for any other purpose.
6. Incentives Payments: I state that I shall not be in breach of this Agreement to receive Incentives pursuant to the Remuneration Plan.
7. Cooling off Period for a Direct Seller: A direct seller can return the product, and get a refund within 30 days from the date of payment, provided the product remains unsealed and in saleable condition. This procedure will cause the termination of the direct seller ID at discretion of the company. Retail profit, GST and Shipment charges will be deducted from the refund.
8. If any commission is earned/received/credited on sale of products by the company on the products intended to be returned/refunded, the commission so earned/received/credited shall be recovered/adjusted while processing the refund. Courier charges and GST are excluded
9. Any product(s) purchased on which complimentary product option or other valid offers were applied will not be eligible for refund, return, or exchange. However, damaged products received on delivery may be replaced as per the accepted procedure.
10. Product testimonials: All product testimonials/results/reviews should be verified with the company before usage/sharing.
11. I agree that Weellow Mart may impose certain restrictions on my use of Weellow Mart's licensed name, trade names and trademarks, logos and other intellectual property and advertising in order to protect the rights, reputation, and image of the company and such restrictions are applied to all Direct Sellers generally. I also agree not to apply individually or in association with any other person/entity/party for registration of any intellectual property either licensed or owned by Weellow Mart or any such other intellectual property for which the company is capable of registration but not registered till date.
12. No Assignment: I shall not assign any rights or delegate my duties under this Agreement without prior written consent of Weellow Mart. Any attempt to transfer or assign the rights/duties, without the express written consent renders the Agreement void at the option of Weellow Mart and may result in termination of this contract with the date and time determined by the company only.
13. Release and Indemnification: To the maximum extent permitted by law Weellow Mart, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for and I release Weellow Mart and its affiliates from, any or all claims either consequential or exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Weellow Mart and its affiliates from all such liability arising from or relating to:
10. Product testimonials: All product testimonials/results/reviews should be verified with the company before usage/sharing.
(a) Mine, or any other Direct Sellers' breach of the Agreement;
(b) the promotion or operation of business of the Company by me or any other Direct Seller and any activities related to it, including, but not limited to, the presentation of Products or the Compensation (Remuneration) Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and further agree to indemnify Weellow Mart and its affiliates for any liability, damages, fines, penalties, or others etc.,
(c) Any incorrect data or information provided by me or any other direct seller to Weellow Mart;
(d) mine, or any other Direct Sellers' failure to provide any information or data necessary for Weellow Mart to operate its business; or
(e) Reinforcements arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify Weellow Mart for any liability, damages, fines, penalties or other awards.
14. At any given point of time, Weellow Mart business is only a part-time opportunity and any losses arising out of it, if any, Weellow Mart and its affiliates shall not be responsible.
15. Statutory requirements including payment of all applicable taxes; both Central and States' is the sole responsibility of Direct Seller without any notice/ alert from the Weellow Mart.
16. Once a direct seller’s turnover crosses/likely to cross the threshold of the GST limit, I shall be taking a GST registration.
17. Entire Agreement: The Agreement, in its current form and as amended by the Company, constitutes the entire contract between the Company and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
18. Waiver: Any variation or waiver by Weellow Mart on any breach of the Agreement must be written and signed by an authorized officer of Weellow Mart. The waiver Weellow Mart on any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
19. Sever ability: If any provision of the 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 complete force and effect.
20. Delays: Weellow Mart is not responsible for delay in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.
21. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Canada and without regard to principles of conflicts of laws.
22. Jurisdiction and Venue: The parties consent to jurisdiction and venue before the courts of Manitoba Jurisdiction only, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
23. Consumer Court: Direct Seller and Weellow Mart shall be guided by the provision of the Consumer Protection Act
24. Proof of address. In order to be eligible for the payment of incentives as described in the Remuneration Plan, proof of address and Photo ID, shall be provided. Failure to provide such information within 7 days of entering into this Agreement shall be deemed as a breach and Weellow Mart may terminate the Agreement without notice.
25. The incentive payment shall not be processed, until the direct seller submit the Photo ID.
26. The Direct seller is prohibited from mentioning/posting/telecasting in Social Networking sites inappropriate or defaming content about Weellow Mart, its products and its ranks. That is, if the direct seller does any act in contravention to this clause, then this contract will be deemed terminated and the company reserves rights to initiate appropriate legal action.
27. All payments paid under the Weellow Mart’s Remuneration Plan shall be paid in CAD, after deduction of all applicable taxes and be paid to duly register Weellow Mart, Direct sellers. No payments shall be made to Direct Seller outside Canada.
28. A direct seller shall not recruit a new direct seller unless such a person undergoes a mandatory Weellow Mart’s Training Program.
29. If a Direct Seller gets involved with a legal dispute with the company, his distributorship (Direct Selling Agency) will be on ''Hold” status till the dispute is resolved/settled. Access will be denied, Incentives will be on hold.
30. The Direct Seller shall not promote a similar kind of Products / Business Opportunity of any other company, if he/she does so, then this contract will be terminated unilaterally without any notice.
31. Weellow Mart 's Direct Seller is primarily for distributing its products and earns a retail profit; appointing direct seller is optional and not mandatory. Weellow Mart shall not be liable for any disputes arising on the same.
32. Direct seller is liable to educate, guide and support the direct sellers ref by him/her and the direct selling network appointed/enrolled by him through well designed appointment policy of the company.
33. Direct Seller will not appoint/enrol a new Direct Seller unless and until he/she is happy with the quality of products, and shows the confidence to sell the products.
34. All financial transactions by the Direct Seller with Weellow Mart shall be carried out directly without third-party intervention.
35. The validity of the incentive/ Remuneration plan is only for the respective calendar year and it's subject to change.
36. All Statutory changes brought by the law making/enforcing authority will henceforth be applicable with immediate effect and remain in force till the law is applicable.
37. Uniform home delivery charge is applicable for all the purchases made and shall be delivered till the last location of courier services reaches, not applicable if directly picked up from the Weellow Mart’s Showroom
38. Direct Seller is personally liable for the delivery of goods to its customers. He is also liable to collect the products from where it reaches last by the delivery services.
39. Direct Seller will give a customer receipt duly filled in, to all its customers and have to keep a copy of it. The direct sellers should maintain stock register of his retail sales.
40. Direct Seller should explain the details about the products to a customer within the limit of permissible quality claimed by the company.
41. Direct Seller who is doing business in province other than where Weellow Mart is having office will be doing it at their own risk.
42. Weellow Mart has all the rights to take appropriate disciplinary action against a Direct Seller in case of misconduct and breach of any covenant of this agreement.
43. If the Direct Seller has not made any sales of goods for a period of 2 years from the date of the agreement or from the date of the last sales made, this agreement shall be terminated automatically by the Company, without issuing a notice in this regard to the Direct Seller.
I state and agree that I have read and understood the contents of the above Agreement Weellow Mart's policy & procedure and I agree to be bound by each of them and will comply with the same. By signing or clicking below, I acknowledge the receipt of my responsibilities. If I am found to be violating even one of the conditions and obligations set forth above, I shall be liable to bear penalties, termination of agreement and legal action by Weellow Mart. I acknowledge that I am satisfied with all the aspects of Weellow Mart and taking the membership/distributorship/agent/ on my own will and accord.
