Purus Enterprises PVT.LTD. DIRECT SELLER CONTRACT

Applicant should read thoroughly and understand the terms and conditions, policies and procedure and Business plan of the company. This Contract is a legally binding document and is in accordance with the Direct Selling Guidelines issued by the Govt. of India, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs vide F. No. 21/18/2014-IT (Vol-II) dated 9th Sept., 2016 (“Direct Selling Guidelines”) read with Indian Contract Act, 1872 This Contact is between the Applicant herein after referred to as “Purus Enterprises Business Associate” or ”ABA” and Purus Enterprises Private Limited (hereinafter as “AMPL” or “Company”).

1. Eligibility Criteria & Legal Requirement: Applicant confirms that:

1.1. He/she is above the age of 18 years and is not disqualified from contracting by any law for the time being in force

1.2. He/she has filled up the Direct Seller Application form by submitting true and correct information and by submitting a copy of KYC documents such as a) PAN Card b) Proof of address c) Proof of identification d) Canceled cheque e) Passport size photograph or any other documents as required by the Company.

1.3. He/she had undergone mandatory orientation session about direct selling operations of the company

2. Rejection of application: Purus Enterprises may reject any application for any reason, at its discretion, if the application contains incomplete, inaccurate, false or misleading information. Any alteration or modification will be subject to verification.

3. Term: This Direct selling agreement shall remain valid and continue to remain in full force unless terminated earlier by either party with or without cause by giving a notice.

4. Joining & Cooling Off Period: Joining as an ABA is Free of Cost and no person is required to purchase any minimum product or sale promotion material as a condition to join. Commission or incentive to the ABA are based on sale of products and no payment will be made for their recruitment. ABA understands that they have a cooling off period of 30 days to cancel the contract and receive full refund against the product purchased during this period.

5. Promotion of Business: ABA agrees:

5.1. To always carry their identification card issued by the Company and government ID card at all time they visit a prospective customer premises and shall identify themselves as Purus Enterprises Business Associate.

5.2. That at the time of representing the company to the prospective clients/buyers/consumers they shall provide all the correct details regarding the prices, credit/payments, terms of guarantee, after sale service, product return policy, right to cancel the orders, refund policy and details regarding the complaint redressal mechanism of the company.

5.3. That they shall only make use of only Company provided or approved forms and literature to solicit sale and in promotion of its business and be bound by Purus Enterprises Policies and Procedure in this respect.

5.4. To inform about the rights of consumer, in respect of canceling the order or returning of the product(s), in salable condition and about the return policy of the Company regarding the product(s).

5.5. Not to misrepresent the product or services or make any promise which cannot be fulfilled which are against the policies set forth in the Literature of the Company to any prospective Business Associate / consumer.

5.6. Not to use, produce, create, publish, distribute, or obtain from any source other than the official website / brochures, any literature, recordings (audio, video, or otherwise), sales or enrollment aids relating to the products. Nor can the ABAs use or display any of the first party’s trademarks, trade names, service marks, logos, designs or symbols to market and advertise the products other than as outlined in the Code of Conduct without first obtaining written authorization from the Company. All the commissions/incentives are to be transferred only in the bank account of the ABA.

5.7. To defend, indemnify and hold harmless to the first party / company against any liability, losses, damages or any other costs, incurred or suffered by the first party as a result of any breach, negligence act or omission or willful default arising either directly or indirectly for the performance or non-performance by the ABA.

6. Amendment: Company may from time to time amend any of the above-mentioned terms and conditions or Code of Ethics by notice on its website. If ABA do not agree to be bound by the said amendment he/she may terminate the contract with immediate effect by giving a written notice to Company, otherwise ABA’s continued relationship with the Company will constitute an affirmative acknowledgment by the ABA to having agreed to such amendment and be bound by same.

7. No Employee-Employer relationship: ABA confirms that he/she/they has/have entered into this contract as an independent contractor. Nothing in this contract shall establish either an employment relationship or any other labour relationship between parties or a right for the ABA to act as a producer, broker, commercial agent, contracting representative or other representative of Purus Enterprises or its affiliated/ subsidiary company.

8. Assignment of rights & duties: This agreement is entered on a personal basis and may not be assigned or transferred by the ABA to a third party without the written consent of the company.

9. Buy-back and return policy includes buy-back of goods once supplied, within 30 days of the dispatch of goods subject to the condition: a. Replacement, in case the goods are damaged in transit. b. Full refund, in case the ABA cancels contract during cooling off period. c. Full refund if the goods are found to be of inferior quality d. Refund of amount minus packing and forwarding charges if the goods are not required by the ABA

10. Governing Law: The ABA Contract and all questions of its interpretation shall be governed by and construed in accordance with the laws of Republic of India, without regards to its principles of conflicts of law. The Agreement is civil in nature and hence, it is to be governed and construed in accordance with the Indian Contract Act, 1872, the Code of Civil procedure and other applicable laws of India.

11. Dispute Settlement: Any dispute arising out of this Agreement shall endeavour to settle through mutual discussion within 30 days of such dispute or in any manner touching upon it, the same shall be settled through arbitration under Arbitration and Conciliation Act 1996 with all statutory amendments, by a sole arbitrator to be appointed by a Director of the Company, who may be specifically authorized by the Board of Directors of the Company in this regard. The venue of arbitrator shall be Delhi. Subject to above Courts at New Delhi alone shall have jurisdiction in relation to direct selling contract and matter arising therefrom. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees.

12. Waiver: Any waiver by the Company of any breach of this Agreement must be in writing and signed by an authorized officer of the Company. However, such waiver shall not operate or be construed as a waiver of any subsequent breach thereafter.

13. Limitation of liability: Companies liability whether under agreement or otherwise, arising out of or in connection with this agreement shall not exceed the lesser of a) actual damages or loss accessed by the arbitrator b) the total commission earned by the ABA during the six months period preceding the date of the dispute.

14. Termination: That both parties hereby agree that in case of termination of agreement, by giving a 30 days written notice to be given, to/by the either party. Where an ABA is found to have made no sale of goods or services for a period up to 2 years since the contract was entered into or since the date of last sale made, the Company shall be entitled to terminate this agreement by giving ABA 30 days’ notice for the same. The Company may also terminate this agreement within 30days if the ABA is found to be violating provisions of the companies Policies and Procedure or these Terms and Conditions.


Entire Agreement: This Agreement and the documents incorporated by reference constitutes the entire contract between the Parties Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect. In case of any conict or inconsistency between this Agreement and any other agreement (other than these codes of conduct / Policies and Procedures), the terms mentioned under this Agreement shall supersede and prevail. To the extent of any conict or inconsistency between this Agreement and Code of Conduct, the Code of Conduct shall in all instances, supersede and prevail over any term of this Agreement as to the matters addressed herein.


By signing the agreed column, the ABA undertakes that he / she / they have read & understood all the Terms and Conditions mentioned in the Contract & AMPL Business Plan, Code of Ethics, Policies and Procedure and hereby agree to abide by them.