Terms and Conditions

Terms & conditions for MyBooster Direct Sellers / Independent Marketing Personnel

1. Definitions

As used herein, the following terms shall have the meanings set forth below:

  1. "Products" shall mean the Company's product to be sold by Independent Marketing Personnel and such products as may be communicated by the Company in writing to the Independent Marketing Personnel from time to time.
  2. Direct Selling Agent will have the title of "Independent Marketing Personnel"

2. Appointment

Independent Marketing Personnel are the non-exclusive selling agent for the products in the territory, and Independent Marketing Personnel hereby accepts such appointment.

Independent Marketing Personnel's sole authority shall be to solicit customers for the products in their preferred territory in accordance with the terms of this agreement. Independent Marketing Personnel shall not have the authority to make any commitments whatsoever on behalf of Company.

3. General Duties

Independent Marketing Personnel shall use his best efforts to promote the services and maximize the sale of the products in their area. Independent Marketing Personnel shall also provide reasonable assistance to Company in promotional activities in the region.

Independent Marketing Personnel will assist the company by taking part in all promotional events, use the marketing inputs judiciously for maximizing orders for the company.

4. Reserved Rights

Company reserves the right to solicit/engage other Agents, Independent Marketing Personnel directly from businesses. Independent Marketing Personnel's task is to solicit customers from potential businesses.

5. Conflict of Interest

Independent Marketing Personnel warrants to Company that it does not currently represent or promote any Services that compete with the Company's Services.

During the term of this Agreement, Independent Marketing Personnel shall not represent, promote or otherwise try to sell any Products that, in Company's judgment, compete with the Products covered by this Agreement.

6. Independent Contractor

Independent Marketing Personnel is an independent contractor, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise, or (iii) allow Independent Marketing Personnel to create or assume any obligation on behalf of Company for any purpose whatsoever. Independent Marketing Personnel is not an employee of Company and is not entitled to any employee benefits.

Independent Marketing Personnel shall be responsible for paying all income taxes and other taxes charged to Independent Marketing Personnel on amounts earned hereunder. All financial and other obligations associated with Independent Marketing Personnel's business are the sole responsibility of Independent Marketing Personnel.

7.Indemnification by Independent Marketing Personnel

Independent Marketing Personnel shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys' fees) arising out of negligence or malfeasant acts of Independent Marketing Personnel or misrepresentation or breach of any obligations under this agreement.

8. Commission

A. Sole Compensation

The Company shall pay the Independent Marketing Personnel a commission at such rate as may be communicated by the Company in writing to the Independent Marketing Personnel, for whole or part of the services hereto, based on the Maximum Retailing Price of the product as fixed by the company on every new order. This commission will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of commission from time to time and the same shall be intimated to the Independent Marketing Personnel in writing by the Company.

B. Basis of Commission

The Commission shall apply to all sales orders from customers solicited by Independent Marketing Personnel. (Customers defined as an individual or a company who have bought the product/services from the Independent Marketing Personnel for their own use.) No commissions shall be paid on (i) orders solicited directly by Company; (ii) No commission will be paid to the Independent Marketing Personnel until 100% payment pertaining to the order is received. The company reserves the right to change the commission / prices on products as and when required.

C. Time of Payment

The commission on all PAID ORDERS shall be due and payable in the next weekly cycle of Payout Disbursal.

9. Sale of the Products

A. Prices and Terms of Sale

Company shall provide Independent Marketing Personnel with copies of the current market price of its Products, its payment schedules, and all Rules and Regulations and other material available for sales presentation and customer's information and this is subject to change and the sole discretion of the same lies with the company. Independent Marketing Personnel shall quote to Customers only those authorized prices, payment schedules, and terms and conditions as informed by Company. The products will be dispatched only after receipt of 100% payment pertaining to the order. The company will not refund any money in part or in full after payment on order is once received.

B. Acceptance

All requests for products obtained by Independent Marketing Personnel shall be subject to acceptance by Company and all quotations by Independent Marketing Personnel shall contain a statement to that effect. Independent Marketing Personnel shall have no authority to make any acceptance or commitments to customers. Company specifically reserves the right to reject any request for service or any part thereof for any reason, Company shall inform Independent Marketing Personnel of any written acceptances on commissionable applications/orders.

C. Collection

Full responsibility for collection of payment from customers rests with Independent Marketing Personnel.

10. Additional Responsibilities of Independent Marketing Personnel

A. Expense of Doing Business

Independent Marketing Personnel shall bear the cost and expense of conducting its business in accordance with the terms of this Agreement. This would include salaries for the staff of the Independent Marketing Personnel who are engaged in the business of selling the products of the Company, expenses related to communications, telecommunication, mailing, conveyance and business entertainment if required. The company will not entertain any reimbursement on any expense made by the Independent Marketing Personnel other than the commissions.

B. Promotion of the Products

Independent Marketing Personnel shall make efforts to promote the sale of and stimulate demand for the Products by direct solicitation. In no event shall Independent Marketing Personnel make any representation, guarantee or warranty concerning the Products except as expressly authorized by Company. The Company will take care of all online promotions on their website and ensure lead generations. Use of company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Independent Marketing Personnel should be first approved in writing by the Company before being implemented.

C. Agents & Customer Service

Independent Marketing Personnel shall inform and assist customers on Company's Products, and shall perform such additional customer services by e-mail, phone and fax, whenever needed, as good salesmanship requires and as Company may reasonably request.

D. Books and Records

Independent Marketing Personnel shall notify Company of any Customer's complaints regarding either the Products or Company and immediately forward to Company the information regarding those complaints.

11. Additional Obligations of Company

A. Assistance in Promotion

Company shall, at its own expense, promptly provide Independent Marketing Personnel with marketing and technical information, training concerning the Services, brochures, instructional material, advertising literature, and other product data.

B. Assistance in Technical Problems /p>

Company shall, at its own expense, assist Independent Marketing Personnel and customers of the Services in all ways deemed reasonable by Company in the solution of any problems relating to the Products.

C. New Developments

Company shall inform Independent Marketing Personnel of new

13. Non-Compete

For a period of 36 months after the Independent Marketing Personnel is no longer in agreement with the Company, the Independent Marketing Personnel will not, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, distribute, sell, offer to sell, or solicit any orders for the purchase or distribution of any products or services which are similar to those distributed, sold or provided by the Company.

14. Term and Termination

A. Term.

This Agreement shall commence on the date first written above for a period of 2 years unless terminated earlier as provided herein below.

B. Assistance in Technical Problems

Company shall, at its own expense, assist Independent Marketing Personnel and customers of the Services in all ways deemed reasonable by Company in the solution of any problems relating to the Products.

C. Return of Materials.

All of Company's trademarks, trade names, data, photographs, literature, ID Cards and sales aids, customer related database of every kind shall remain the property of Company. Within five (5) days after the termination of this Agreement, Independent Marketing Personnel shall return all such items to company. Independent Marketing Personnel shall not make or retain any copies of any confidential items or information that may have been entrusted to it. Effective upon the termination of this Agreement, Independent Marketing Personnel shall cease to use all trademarks, marks, ID Cards and trade name of Company.

D. This agreement will be reviewed by the company after a period of 12 months. Any Independent Marketing Personnel not performing to the full satisfaction of the company in terms of securing new orders and company's policies is liable to be terminated

15. Limitation on Liability

In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures or commitments in connection with the business or goodwill of Company or Independent Marketing Personnel.

16. Confidentiality

Independent Marketing Personnel acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company's business plans, customers, technology, and products/services that is confidential and of substantial value to Company, whose value would be impaired if such information were disclosed to third parties. Independent Marketing Personnel agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by the Company.

Company shall advise Independent Marketing Personnel whether or not it considers any particular information or materials to be confidential. Independent Marketing Personnel shall not publish any description of the Products/Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination of this Agreement, there shall be no use or disclosure by Independent Marketing Personnel of any confidential information of Company.

17. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of Republic of India. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the Pune, Maharashtra.

18. Entire Agreement

This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to neither this Agreement, nor any waiver of any rights under this Agreement to be done unilaterally and it shall be effective unless in writing signed by the party to be charged.

19. Notices

Any notices required or permitted by this Agreement shall be deemed given if sent by certified mail, postage prepaid, return receipt requested or by recognized overnight delivery service:

If to Company:

  • Pheidon House,
  • 64, Shivaji CHS,
  • Off. S.B. Road,
  • Pune, Maharashtra - 411016

20. Non-Assignability and Binding Effect

A mutually agreed consideration for Company is the reputation, business standing, and goodwill already honored and enjoyed by Company under its present ownership, and, accordingly, Independent Marketing Personnel agrees that its rights and obligations under this these Terms may not be transferred or assigned directly or indirectly. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties hereto, their successors and assigns.

21. Severability

If any provision of these Terms & Conditions is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.

22. Return Policy:

All users/customers are entitled to a lenient 30 day Cooling Off window during which they can request a return/exchange of any product(s) purchased from MyBooster Retails Pvt. Ltd. Exchange is available for Products with manufacturing defects within the 30 day window. Refund(excluding Taxes) is available for products returned within the return window and the Refund(excluding Taxes) is expedited after approval from Warehouse Authorities that the products returned are in a currently marketable condition in case of non-consumable products, and that less than 30% of the product has been consumed in case of consumable products.