AGREEMENT FOR BUSINESS ASSOCIATE
This AGREEMENT made today between M/S LA VITA SOLUTION PVT. LTD. A company incorporated under the Company’s Act. 1956, having its Registered Office at 106, Pocket D, Mayur Vihar, Phase II, Delhi 100091. (Herein after referred to as the “company”) of the one part and the Applicant (Herein after referred to as the “associate”) of the other part, the name and address of whom are mentioned in the respective columns of the application form:
WHEREAS IT IS BEING AGREED BY THE PARTIES AFORESAID THAT:
A. The Company “Inter-alia” has engaged the associate in their business for the purpose of referring or recommending the product(s) of the Company to the purchaser.
B. The associate has requested the Company for his “Associate ship” for referring and recommending the product under the Company’s Marketing Scheme.
C. The Associate has agreed to abide by the terms and conditions stipulated by the Company and more fully set out hereunder and in particular not to deal with his “Associate ship” by way of sale, alienation, hypothecation, pledge or in any other manner whatsoever expect as here in authorized by the Company.
ARTICLE 1: (DEFINITIONS)
1.1 In this Agreement unless there is anything repugnant to the subject to contest thereof, the expressions listed below shall have the following meanings. The terms and expressions not defined here in shall have that interpretations and meanings which have been assigned to them in terms of the General Clauses Act 1897.
1.2(a) The Term “Associate or Business Associate” means, a person who refers or introduces or recommends the product(s) to the purchaser.
1.2(b) The Term “DD” means “Demand Draft” issued by any Bank.
ARTICLE 2:
2.1 The Associate agrees to abide by the following Duties and Terms & Conditions.
a) On acceptance of his/her application as an Associate, he/ she shall be known as a “Business Associate”, he/she shall act only as an Business Associate and shall not act as an authorized representative, agent or employee of the Company and shall be bound by all the terms, conditions, rules and regulations of the Company.
b) The Associate is just an introducer of the Company’s product(s). He /She should not have any transaction or have any express or implied or extensible authority to bind or make any express or implied representation or warranty on behalf of the Company.
c) The Associate shall not introduce or sell any other products or services, which are not approved by the Company through the Company’s network of the Associates.
d) If the Associate desires to discontinue his/her Associate ship, he/she may submit his/her resignation to the Company after giving 30 days written notice to the Company.
e) After purchasing the product(s) of the Company, Introducing or referring or recommending products is only optional to the Associate.
2.2 Duties and Taxes:
a) The Associate shall pay all duties, accesses, license fees, taxes and other charges whatsoever in respect of the Agreement or in relation to the product. Whether with retrospective or prospective effect and if the Company makes any such payments, the Associate shall reimburse the Company within 3 days of receipt of due intimation from the Company in this regard.
2.3 a) On-line Service Charges
2.3 b) Product Training and sales kit charges
The associate shall pay to the company On-line Service Charges, Product Training and Sales Kit Charges as mentioned in the second schedule at the time of submitting the application to the Company for the sanction of the Associate ship. The said On-line Service Charges, Product Training and Sales Kit Charges shall not be refundable to the Associate under any circumstances, even if the Associate ship is not availed or granted by the Company.
ARTICLE 3:
3.1 The marketing scheme of the Company shall be operated in the manner as suggested by the Company and the Company also reserves its right to change, add, amend, alter, modify its rules, regulations, policies, procedures, terms and conditions as and when deemed necessary and which shall be binding upon the Associates. The current marketing schemes are available on the Company’s Website: http://www.lvs.net.in and any changes, modifications, alterations or amendments therein shall be notified therein from time to time. It shall be the duty of the Associate to verify the same from the website on the 15th and 30th day of each month.
3.2 The Associate shall receive his/her incentives for introduction/referrals in terms of the marketing schemes/Success plans as indicated on the Company’s website.
3.3 The Company shall deduct tax at source from the incentives payable as for the rate prescribed under the Income Tax Act of 1961.
ARTICLE 4:
4.1 Any Associate found guilty of any contra activities against the aims, rules and regulations of the Company.
4.2 Any Associate found guilty of spreading any sort of misleading information.
4.3 Any Associate found guilty of disturbing by way of tampering, cross sponsoring the other Associate’s team.
ARTICLE 5: TERMINATION OF THE AGREEMENT
5.1 On the occurrence of any of the aforesaid events of default contained in Article 4, the Associate shall be removed without any notice to him/her. The Company at its sole discretion can terminate him/her and the Company also reserves its right to take appropriate action against him/her as provided in Law.
5.2 This agreement is between the Company and the Associates shall not be entitled to transfer of assign any of the rights or obligations under this agreement to any person directly or indirectly without the prior written consent of the Company.
ARTICLE 6:
6.1 This Agreement has been accepted and executed by the Associate and the Company at New Delhi and all covenants, terms and conditions shall be observed and performed at New Delhi and the Associate specifically agree, subject to the Arbitration clause contained herein, in the courts venue of such Arbitration shall also be decided by the Arbitrators, over any matter out of concerning this Agreement.
6.2 All disputes are subject to New Delhi Jurisdiction.
ARTICLE 7:
7.1 It is hereby agreed by both parties that any dispute arising out of or in connection to this agreement shall be subject to arbitration. Mr. Prannoy Dey, Advocate of Patiala House Court of New Delhi. Having his office at Chamber No. 131, Lawyers’ Chamber, Patiala House, New Delhi, shall be the arbitrators in the proceedings of such arbitration any and all controversy(ies) / dispute(s) / difference(s) / Claim(s) arising out of or in connection with or in relations to this agreement, including its existence, validity or terminations, during its subsistence or thereafter shall be settled by arbitration in accordance with the provisions of the arbitration and conciliation act 1996 or any statutory amendments thereof and shall be referred to the arbitrators. The award so rendered shall be final and binding on both the parties. The language shall be English and the venue of such arbitration shall also be decided by the arbitrators.
ARTICLE 8: MISCELLANEOUS
8.1 This agreement constitutes the entire agreement between the Associate and the Company and no other promises, re presentation, guarantees, or agreements of any kind shall be valid unless given in writing.
8.2 For all purposes, only the English version will be taken as the official copy. No printed material by Associates is allowed to be circulated without the written approval of the Company. The Associates shall be liable to the terminated under the conditions aforesaid.
8.3 Company shall not be liable for any incidental or consequential damages caused by breach, cancellation or suspension of this agreement whether or not the possibility of such damages is known to the Company.
8.4 Company reserves its right to amend rules and regulations.
8.5 Company shall make no refund of any kind.
8.6 All payments should be accepted in the form of DD only and payable at Meerut.
8.7 Company shall not be responsible for any cash payments made at any place or payments made to any person.
8.8 The Company reserves the rights to alter, amend or revise any of the terms and conditions and may notify the Associate of any change to the terms and conditions in any manner it considers appropriate.
8.9 Any change in the address of the Associate shall be intimated to the Company in writing within 7 days of such change.
8.10 In all correspondence, the agreement number should be quoted by the Associate.
8.11 All remedies of the Company under this agreement whether provided herein or conferred by Statue, Civil Law, Custom, Trade or usage are cumulative and not alternative and may be enforced successively or concurrently.
ARTICLE 9: DECLARATION: The Associate do hereby declare as follows:
9.1 The Associate confirms that He/She has completed the age of 18 years prior to this application to the company and thereby submits this application to the Company for consideration.
9.2 The Associate has read the entire agreement and he/she shall be bound by all the terms and conditions stipulated under this agreement.
9.3 The agreement and other documents have been explained to the Associate in the language understood by him/her and he/she has understood the entire meaning of all the clauses.
9.4 The Associate agrees that this agreement shall be concluded and become legally binding on the date when the authorized office/officer of the company signs this agreement.
9.5 The Associate(s) agrees herewith that they shall not change the ownership/partners or what events in the name of others without prior company’s approval.
GENERAL CONDITIONS:
1. The company does not charge any membership fees. The person is free to do business for lifetime with the company
2. The supporting documents to be submitted along with La Vita Application form are 2 copies of recent passport size photographs, a copy of address proof, a copy of Address Proof and PAN Card.
3. An Associate or a family of the Associate is eligible for 3 Silver Associate ship, 3 Gold Associate ship, 2 Ruby Associate ship, 1 Emerald Associate ship and 1 Diamond Associate ship only.
4.1 If any Associate (Including family members) is working in more than one team, it is the responsibility of the old team upliner to intimate the company within 90 days of the new entry is made in another team. Then the new entry made by the Associate can be terminated.
4.2 If the upliner fails to intimate within 90 days of the new entry made by his/her team coordinator, he cannot claim for the losses or consequences faced due to this. But the company has the right to terminate any one of the site.
4.3 However, a coordinator who has not received payout in the last three months, can cancel his/her entry under the current upliner and make a new entry under any team.
5. If married children are working in another team, copies of separate Address Proof, ID Proof and PAN Card in their names should be produced along with the application form.
6. In case of unmarried children of the Associate gets married, then copy of the marriage certificate should be produced for them to be considered in another team.
7. All the requests and demands will be considered in written or typed communications only. Such requests or demands should contain the details like LA VITA ID, Left – Right Legs and Point Value.
8. The request for Change of Name or Change of Address should accompany an authorization letter from any of the Diamond Associate. Also, for any corrections or updation of details like change of name or/and address, a copy of proof in respect of the change should be attached along with the request. Such corrections or updating can be made only in 15 days from the date of receipt of the documents by the applicant.
9. The product amount will be returned back to the applicant if the requirements are not fulfilled with in the specified time period.
10. Availing nomination is mandatory for all the Associates.
11. A person can make any number of entries at any time.
12. Visiting cards printed by the Associates for the business should be in the format specified by the company which is available on the company’s website.
13. The products and stationaries can be collected from the branch offices of the company.
14. Any Silver Associate or Gold Associate or Ruby Associate or Emerald Associate or Diamond Associate should redeem his/her offer within the quarter-end of the cutoff date.
15. An employee of the LA VITA SOLUTION PVT. LTD. cannot become an Associate.
16. The total on road cost of the car (Achieved by the Ruby Associate) should be below 5 lakh rupees.
17. Admin charges @ 5% will be charged from payouts.
18. Service Charge is intended to meet expenses towards Training, Meeting, Seminar, Promotional Materials and Travelling.
19. All LA VITA leaders should refrain from businesses/marketing similar to our business/marketing concept.
20. If Hanging is cleared after 30 days then the payout for the last 30 days will not be disbursed.
Car Fund:
1. An Associate will be eligible for the Car Fund from the company only if the business of minimum 125 pairs points per month will be submitted by him.
2. The maximum amount of contribution for the Car Fund from the Company will be Rs. 21,000 per month for the tenure of up to 72 months from the starting month.
3. The monthly minimum business for the Car Fund failing which the contribution amount from the company will be deducted from the remaining months of the 72 months tenure.
4. For Ruby Associates, if the Associate wishes to book the car in the name of his/her family members, he/she should ensure that a request is made for the name change with the company before getting the Registration Certificate.
5. The Car Insurance (in case of the achieved cars) should be done only through the company. The next installment of the car fund will be released only after producing the Insurance Certificate to the Company.
6. Permission will not be granted for Yellow Number plate registration for the achieved car(s).
7. Car fund of 2.5% is calculated based on their total pair points achieved in a calendar month.
8. Ruby Associates must obtain their initial payment of Rs.71,000 to buy a Car within six months from the date of achievement, if failed the initial payment towards the car achievement will not be considered.
DIAMOND ASSOCIATE:
1. A Diamond Associate will be eligible on prorate basis by dividing the number of months remaining till the month of March of the forthcoming year.
2. Diamond Associates are eligible for 11% share on the yearly net profit of the company. The amount (11% of the company’s Net Profit) will be distributed equally among all the qualified and declared Diamond Associates.
TOUR PACKAGES:
For the offers like Tour Packages, the processing amount has to be borne by the achievers himself for the Passport and other related things.
EMERALD ASSOCIATE:
1. Achievers are eligible for Gold or Bank FD or Insurance Policy from LIC of India worth Rs. 1 lakh 1 Thousand, the period of the Insurance Policy is based on the age from starting date.
2. Emerald Associates will receive their achievement in the following financial year.
TRAINING PROGRAMMES:
1. If the invitees of the free training programs organized by the company fail to attend them after accepting the invitation, then they will not be invited for any of the future programs.
2. Any Ruby Associate who fails to attend the Ruby Associates Meet without adequate reasons will not be invited for the future programs and disciplinary action will be taken.
3. Big seminar events will be organized only if the number of participants is more than 1000 members and should be discussed with LVS Associate Association (LVSAA) before organizing.
4. Appropriate Dress Codes should be strictly followed for all the Company Training Programs and other Achievers Meets.
5. The certificates are to be verified and then carried by the Associates themselves.
DISCLAIMER:
1. If the Sponsor Code is wrongly entered by the applicant in the form, the company is not responsible for the further consequences happening thereto.
2. The Associate should intimate within 7 days, if the sponsor code is wrongly given. Still Payouts released within 7 days cannot be reverted back. The intimations given after 7 days cannot be considered even if the Payout is released.
3. Any person involved in activities disturbing other teams will disqualify his membership.
4. Persons from the same family including unmarried children will be considered only in the same team.
5. A person who had made another entry in another leg, the up-line cannot change if it is not done within 3 months. The Associate cannot change the leg without the prior notice and permission of the up-line Associates.
6. If the ID Card or Welcome Letter is not received by any applicant, it is his/her duty to contact his/her upline Associates and get it clarified with them.
7. The Funds are for the active Associates.
8. Every person come for the Seminar and Company meeting should be in proper dress code, wearing tie is mandatory.
9. Trusting any information from sources other than company approved notifications (SMS, Website and the company’s official magazine) is not advisable and cannot held the company as responsible.
10. The company is authorized to deduct the bank charges for the uncollected cheques received from the Associates.
11. It is the responsibility of the Associate to contact Customer Care numbers for any queries, receipt copies or to submit PAN number details.
12. All the supporting documents are mandatory for NRI applicants and they have to wait till the product is confirmed from the respective company.
13. The company will not take responsibility for the delays caused due to postal delay or courier delays in respect of policy bonds, however, the POD details will be made available on request.
14. The company cannot be held responsible in any legal issues for brouchers or pamphlets or any other communications printed by the associates.
15. Hanging clearance should be cleared within 2 cut-offs (including login cut-off) for which applicable charges are to be borne by the Associate.
16. The Company holds all rights to modify the rules and regulations which will be revealed through the website.