~- j'tl,aa. v~ office: bhabat road, nea r peer baba,opposite tennis academy,zirakpur tehsil...

5
, AA. '1",.U ... Jasan Travel Marketing (P) Ltd. Head Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academ y, Zirakpur Tehsil Deraba ss i ,D istt. Moha li 140603 Reg istered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt Moha li Punjab Website: www.jtmindia.com Office No. 9888869877, 9888885702 Date: 16-01-2017 TERMS AND CONDITIONS M/S JASAN TRAVEL MARKETING Pvt Ltd" a Company incorporated under the Companies Act, 1956, and having its Registered Office in Bhbhat, Zirakpur Tehsil Derabassl, Punjab, running business in the name and style as JTMINDIA, hereinafter referred to as "The Company·, The Company Is engaged into the business of direct selling on Contract Basis and in other business activities as stated in the Object Clauses of memorandum of Association of the Company, The Company exclusively uses its website to display the details of the products, marketing methods and business monitoring, It uses verbal publicity to promote its business, The Company appoints Direct Sellers across the country for marketing and sale of its products and services on Contract Basis, Individuals (Indian Citizens only) Interested in becoming the Direct Seller of the Company, ca n apply for the same In prescribed form, Filling each & every column is mandatory, There is no deposit or any charges for becoming a Direct Seller of the Company, Before filling the application form, the intending Direct Seller shall go through the terms and conditions herein below thoroughly and if he agrees the terms and conditions, he shall append his signatures in the column provided hereunder as token of their acceptance, Definitions:- The following words used in these presents shall have the meaning as defined here under: Direct Selling: Means marketing or sa le of goods and services directly to the end user/ consumer either by oral publicity or display or demonstrations of the goods/products/services or by distribution of pamphlets, Direct Se lling Entity/Company : Means a Company namely M/s JASAN TRAVEL MARKETING Pvt Ltd, having Its registered office at Bhabat, Zirakpur and running its main business in the name and style of JTMINDIA, Direct Seller: Means a person competent to enter Into contract as per "India n Co ntract Act·, and who Is authorized and registered as Direct Seller, Consumer: Means a perso n who purchases goods or hires services for consumption and not for commercial purposes, It shall have the same meaning as provided under the Consumer Protection Act, 1986. Goods / Products: Means goods/products/services defined in the Sale of Goods Act, 1930 Sales incentive: Means amount of incentive payable to the Direct Seller fo r effecting sale of goods / products /services as stipulated in the contract between the Di rect Seller and Direct Selling en t ity , Unique ID /Track ID : Means unique id entification number issued by the Company to the Direct Se ller as token of accep;;a nce of hi s/her application for Direct Selling of the goods/ products of the Company. Password: Mean s unique code allotted to each Direct Seller to allow them to l og on to the website of the Company , Website : Means the official website of Company I.e, www.jtmindia.com. THE APPOINTMENT AND UNDERSTANDING : The Company upon scrutiny and verification of the Application may register the Applicant as "Direct Seller· for Selling the goods/ products/Services of the Company, The Company shall be at liberty to accept or rej ect the application at its discretion. The Direct Seller shall enjoy the following prlvileges:- L Incentive for effecting sale of goods / products/Services of the Company as per marketing plan, 2, No territorial re striction to sa le the goods/products/Services, 3. Search and inspect his account on website of the Company through pa ssword awarded by the Co mpany. 4. Earnings of the' Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Compan y. An i nd ividual, upon appending his signature at the bottom of these presents, shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after scrutiny of the application, he shall become the direct seller of the Company. Allotment of password and ID sha ll be construed as registration as direct seller. Th e applicant hereby covenants that as under: i. That he has clearly understood the marketing methods/plan, the compensation plan, its limitations and co ndit ions . He aarees that he is not relvi no UDon any misreoresentation/s or fraudulent inducement or

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Page 1: ~- J'tl,AA. v~ Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academy,Zirakpur Tehsil Derabassi,Distt. Mohali 140603 Registered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt

• ~- ,AA.'1",.U ... J'tlv~ Jasan Travel Marketing (P) Ltd.

Head Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academy,Zirakpur Tehsil Derabassi,Distt. Mohali 140603

Registered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt Mohali Punjab Website: www.jtmindia.com

Office No. 9888869877, 9888885702 Date: 16-01-2017

TERMS AND CONDITIONS

M/S JASAN TRAVEL MARKETING Pvt Ltd" a Company incorporated under the Companies Act, 1956, and having its Registered Office in Bhbhat, Zirakpur Tehsil Derabassl, Punjab, running business in the name and style as JTMINDIA, hereinafter referred to as "The Company·, The Company Is engaged into the business of direct selling on Contract Basis and in other business activities as stated in the Object Clauses of memorandum of Association of the Company, The Company exclusively uses its website to display the details of the products, marketing methods and business monitoring, It uses verbal publicity to promote its business, The Company appoints Direct Sellers across the country for marketing and sale of its products and services on Contract Basis, Individuals (Indian Citizens only) Interested in becoming the Direct Seller of the Company, ca n apply for the same In prescribed form, Filling each & every column is mandatory , There is no deposit or any charges for becoming a Direct Seller of the Company, Before filling the application form, the intending Direct Seller shall go through the terms and conditions herein below thoroughly and if he agrees the terms and conditions, he shall append his signatures in the column provided hereunder as token of their acceptance,

Definitions:-The following words used in these presents shall have the meaning as defined here under:

• Direct Selling: Means marketing or sale of goods and services directly to the end user/ consumer either by oral publicity or display or demonstrations of the goods/products/services or by distribution of pamphlets,

• Direct Selling Entity/Company : Means a Company namely M/s JASAN TRAVEL MARKETING Pvt Ltd, having Its registered office at Bhabat, Zirakpur and running its main business in the name and style of JTMINDIA,

• Direct Seller: Means a person competent to enter Into contract as per "Indian Contract Act·, and who Is authorized and reg istered as Direct Seller,

• Consumer: Means a person who purchases goods or hires services for consumption and not for commercial purposes , It shall have the same meaning as provided under the Consumer Protection Act, 1986.

• Goods / Products: Means goods/products/services defined in the Sale of Goods Act, 1930 • Sales incentive: Means amount of incentive payable to the Direct Seller for effecting sale of goods

/ products /services as stipulated in the contract between the Di rect Seller and Direct Selling ent ity, • Unique I D /Track ID : Means unique ident ification number issued by the Company to the Direct Seller as

token of accep;;ance of his/her application for Direct Selling of the goods/ products of the Company. • Password: Means un ique code allotted to each Direct Seller to allow them to log on to the website of the

Company, • Website : Means the official website of Company I.e, www.jtmindia.com.

THE APPOINTMENT AND UNDERSTANDING : The Company upon scrutiny and verification of the Application may register the Applicant as " Direct Seller· for Selling the goods/ products/Services of the Company, The Company shall be at liberty to accept or reject the application at its discretion. The Direct Seller shall enjoy the following prlvileges :- L Incentive for effecting sale of goods / products/Services of the Company as per marketing plan , 2, No territorial restriction to sale the goods/products/Services, 3. Search and inspect his account on website of the Company through password awarded by the Company. 4. Earnings of the' Direct Seller shall be in proportion to the volume of performance by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan of the Company. An individual , upon appending his signature at the bottom of these presents, shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after scrutiny of the application, he shall become the direct seller of the Company. Allotment of password and ID shall be construed as registration as direct seller. The applicant hereby covenants that as under:

i. That he has clea rly understood the marketing methods/plan, the compensation plan, its limitations and conditions. He aarees that he is not relvino UDon any misreoresentation/s or fraudulent inducement or

Page 2: ~- J'tl,AA. v~ Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academy,Zirakpur Tehsil Derabassi,Distt. Mohali 140603 Registered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt

ii. • III.

Iv.

v.

Relation between the Company and the Direct Seller shall be governed, in addition to this agreement, by the rules and procedure mentioned in the marketing plan, available on website. The Direct Seller further confirms that he has read and understood the terms & conditions carefully and agrees to be bound by them. Direct Seller shall act as a freelancer and shall not commit any misfeasance or maifeasance to create any liability/obligation on the Company. It is made and understood in very clear terms that Direct Seller is not an Agent, Employee nor an authorized representative of the Company or its service providers. He is not authorized to receive/accept any amount/payment for and behalf of the Company and any payment received by him will not be deemed to be received by the Company. Direct Seller, hereby declare that all the information furnished by him is true and correct. Company shall be at liberty to take any action against the Direct Seller in the event, it is discovered that the Direct Seller furnished any wrong/false information to the Company. GENERAL TERMS: The Company may appoint any person for Collection/distribution services. Direct Seller is required to visit the Company's official website from time to time to get such appointment and avail facilities make payment and collect valid receipt and products from its outlet/collection centre. The Direct Seller will be eliglbie for facilitation fees or income, as per the volume of sale of Products/services/Business done by him, subject to the eligibility norms formulated by the Company from time to time. The Company does not guarantee/assure any particular or fixed facilitation fees or income to the Direct Seller. Track 10 has to be quoted by the Direct Seller for all his/her transactions and correspondence with the Company. The track 10 once chosen cannot be altered at any point of time. No communication will be entertained without unique 10 and password. Direct Seller shall preserve the 10 and Password properly as it is "must" for logging on to website. Commission/income to the Direct Seller shall be .. subJected to statutory deductions as applicable. The Company reserves its right to withheld/block/suspend the Direct Seller In the event the Direct Seller fails to provide any details as desired by"the Company from time to time including but not limited to Pan card details. Processing charges and any other applicable charges will be deducted as per the Company's norms. Direct Seller undertakes to adhere for poliCies, procedures, rules and regulations formed by the Company. The Direct Seller shall be faithful to the Company and shall uphold the integrity and decorum to the Company and shall maintain good relations with other Direct Seller and their clients. Company reserves the rights to modify the terms and conditions, products, plan, business and policies at anytime without notice. Modification shall be published through the official website of the Company and such modification/amendment shall be applicable and binding upon the Direct Seller from the date of such notification. In case of death of Direct Seller either his nominee or one of the legal heir with consent of all the legal heirs may join the Company as Direct Seller In place of the deceased provided he applies in prescribed form and undertakes to abide all rules and regulations, terms and conditions etc. In the same manner as that of original Direct Seller. In case of failure to arrival at such consent within six months from the date of death of the Seller, the Company shall be at liberty to terminate the 10. For this period the Company will keep his 10 in abeyance. If any Direct Seller loses his contractual capacity due to any reason such as lunacy, bankruptcy or sentenced to imprisonment or any otl)er legal embargo is created, his Direct Seller ship shall be continued through the person duly appointed by the competent Court. Direct Seller shall have to follow all statutory laws, rules and regulations in operation of their JTMINDIA business. Direct Seller shall not engage in any deceptive of unlawful trade practice as defined Statute. Direct Seller shall not manipulate the JTMINDIA marketing plan or product's rate, BV,PV etc., In any way. Direct Seller shall not send, transmit or otherwise communicate · any messages to anybody on behalf of the Company without any authority from the Company. Direct Seller or any other person under him is strictly prohibited to use Promotional Material, other than the developed and authorized by the Company. Direct Seller shall not use the JTMINDIA trademark, logotype and design anywhere without written permission from the Company. Said permission can be withdrawn at any time by the Company. All the arrangements, expenses, permission from local authorities, complying with rules of central and state government and local body is whole responsibility of Direct Seller for meetings and seminars conducted by Direct Seller. PROHIBmONS : 1. Direct Seller shall not engage in any activities of Multi Level Marketing of any other Company/person. If it is found then such Direct Seller shall be terminated. 2. Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing, or seiling any product, or the business opportunity on any website or online forum that offers like auction as a mode af selling. 3. The Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products from the Company or to become Direct Seller of the Company. BUY BACK POUCY: Any direct seller can return the product 30 days from the invoice date as per Return Policy ofthe company. PROMOTION OF PRODUCTS: Promotion of any product Is prohibited by direct seller on any social media without written permission from the management of the company. However if com pany promotes its products/Testimonlals on any social media that may include face book, twitter, Unkedln, Google .. Etc. or any other digital marketing tools. Direct seller can participate In any such promotional activity run by the company and may be compensated for the such partiCipation, and solely dependent on company decision.

DUTY AND CONFIDENTIAUTY: Parties shall keep and maintain secrecy and confidentiality about the information for which they are obliged and expected to keep secret and not disclose anybody other than the persons to whom is reasonably expected to be disclosed. SPECIAL CONDITIONS: NotWithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and condition in any manner it deems fit and shall be communicated through official website or other mode as the Company deems fit and proper. If any

Page 3: ~- J'tl,AA. v~ Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academy,Zirakpur Tehsil Derabassi,Distt. Mohali 140603 Registered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt

a.

these.

Direct Seller dO'es nO't agree to' such amendment, he may terminate his agreement within 45 days O'f such publicatlO'n by giving a written nO'tlce to' the CO'mpany. WithO'ut any O'bjectlO'n to' such mO'dlficatlO'ns. /alteratlO'ns, If Direct Seller cO'ntinues his activities, It will be deemed that he has accepted all mO'dlficatlO'ns and amendments In the terms & condltlO'ns fO'r future. TERMINATION: CO'mpany may terminate this agreement fO'r any reasO'n nO't limited to';

1. Pursuant to the prO'vislO'n to' the marketing plan.2. FO'r reasO'n O'f nO'n-perfO'rmance. 3. Any unethical and pre judicial wO'rk to' the Interest O'f the CO'mpany. 4. FO'r the breach O'f any terms and cO'nditiO'ns O'f this agreement and marketing plan. 5. InfO'rmatlO'n given by Direct Seller fO'und wrO'ng/false. 6. In cO'nvicted O'f an O'ffence punishable ImprlsO'nment O'f whatever term. 7. Is declared bankrupt. 8. Is nO't mentally sO'und to' handle the business. 9. Migrate to' O'ther cO'untry. 10. TermlnatlO'n O'f a Direct Seller means termlnatiO'n O'f All rights and entitlements as a JTMINDIA Direct Seller. 11. PersO'nal InfO'rmatlO'n given O'n website. 12. IdentificatlO'n as a JTMINDIA Direct Seller. 13.Rlght to' gO' at any JTMINDIA O'ffice and attend JTMINDIA meetings/seminars. 14.The Direct Seller may terminate this agreement at any time by 91vlng a written nO'tlce to' the CO'mpany. FORCE MAJEURE : The CO'mpany shali nO't be liable fO'r any failure to' perfO'rm Its O'bligatiO'ns where such failure has resulted due to' Acts O'f Nature (Including fire, flO'O'd, earthquake, stO'rm, hurricane O'r O'ther natural disaster), war, invaslO'n, act O'f fO'reign enemies, hO'stllltles (whether war Is declared O'r nO't), civil war, rebelliO'n, revO'lutlO'n, InsurrectlO'n, military O'r usurped PO'wer O'r cO'nfiscatiO'n, terrO'rist actlvitles, natlO'nalizatlO'n, gO'vernment sanctiO'n, blO'ckage, embargO', labO'ur dispute, strike, IO'ckO'ut O'r InterruptlO'n O'r failure O'f electricity, any type O'f redlrectlO'n by GO'vernment (Central and / O'r State), LO'cal AuthO'rity etc. RECOURSE AND LEGAL APPUCABILITY : The terms and cO'ndltiO'ns stipulated in the fO'rgO'ing paragraphs shall be gO'verned in accO'rdance with the law In fO'rce In India. Disputes, either civil O'r criminal In natural, shall be subject to' the exclusive jurlsdlctlO'n O'f the CO'urts il) Derabassi, Punjab O'nly and nO'where else. . . . . . '.' . .

If any dispute O'r difference arises O'ut O'f O'r in relatiO'n to' these presents, the same shall be referred to " sO'le arbitratO'r apPO'lnted by the CO'mpany. Direct Seller shall nO't raise any O'bjectlO'n, In case the ArbltratO'r sO' apPO'lnted any manner whatsO'ever. ArbltratlO'n shall be cO'nducted as per 'ArbitratlO'n and cO'nciliatiO'n Act, 1996" as amended frO'm time to' time. Venue O'f such ArbitratlO'n shall be in Derabassl and the language shall be English. JTMINDIA's liability, whether in cO'ntract, tO'rt O'r O'thel"«lse arising O'ut O'f O'r In cO'nnectlO'n with the agreement and/O'r relatiO'nshlp arising there frO'm shall nO't exceed a) actual damages O'r IO'SS assessed by the arbitratO'r O'r any O'ther dispute resO'lutlO'n mechanism adO'pted by the parties O'r b) the average commissiO'n earned by the Direct Seller during preceding six mO'nths O'f the date O'f dispute. Solemnly affirm and declare as follows: That I have read and understO'O'd the terms and cO'ndltiO'ns fO'r apPO'lntment of Direct Selier O'f the CO'mpany. 1. I have alsO' gO'ne thrO'ugh the CO'mpany's O'fficlal website, printed materials, brO'chures and cO'nvinced abO'ut the business and I have applied to' apPO'int me as a Direct Seller O'n my O'wn vO'litlO'n . 2. I declare that I have nO't been given any assurance O'r prO'mlse O'r inducement by the CO'mpany O'r its DirectO'rs in regard to' any fixed IncO'me incentive, prize O'r benefit O'n accO'unt O'f the prO'ducts purchased by me. 3. I have clearly understO'O'd that eligibility O'f IncO'me exclusively depends O'n my perfO'rmance in business vO'lume as frO'm terms & cO'nditiO'ns. I further agree that cO'mpany reserves the right to' change the Business Plan at any PO'lnt O'f t ime wlthO'ut prlO'r nO'tice.4. I undertake nO't to' misguide O'r induce dishO'nestly anybO'dy to' jO'in the CO'mpany.

I hereby agree and adhere to' the terms and cO'nditiO'ns as stipulated alO'ng with the applicatlO'n fO'rm and as mentlO'ned abO've to'· agree to' purchase the prO'duct as CO'nsumer/tO' dO' the Direct Selier activities. I hereby. agree to' submit all disputes to' arbitratiO'n as prO'vided In the terms and cO'ndltlO'ns O'f the CO'mpany. I alsO' declare that at present any O'ther Direct Selier ship Identity [ID] Is nO't activated in my name.

I dO' hereby declare and cO'nfirm that, I have under stO'O'd the terms and CO'nditlO'ns and agree to' abide by

Page 4: ~- J'tl,AA. v~ Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academy,Zirakpur Tehsil Derabassi,Distt. Mohali 140603 Registered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt

,

.ow to become Direct Seller ;-

Application form is available on the website link for becoming Direct Seller. Sponsor id of any existing direct seller is required for free registration.

After registration vou will get unique id ~nd password and welcome sms will be sent yo tour registered mobile no.

After that you can login to your account and you are required to upload the original scanned documents. As listed below.

list of the documents to be submitted/uploaded along with for becoming a Direct Seller.

on~ Passport size coloured photograph.

Original scan~ed copy of any of the follOWing documents for photo identification.

1. Passport (Valid)

2. PAN Card

3. Aadhar card

4. Certification from any of the Authorities mentioned below:

• Panchayat Pradhan

• Councilor

• Sarpanch of Gram Panchayat

b. Self att~<ted Photocopy of any of following documents for address proof:-

Tpl"phone bill nol older tt'~n n months

2. R~"k account statemenl not older than 6 months(Attested by Bank)

3. Electridty bill not older than six months

4. Ration card

5. Passport (Valid)

6. Driving License (Valid)

7. Voler 's Identity Card

8. Written confirmation from the banks (Attested by Bank)

9. Lease agreement along with rent receipt not older than 3 months

10. Current employer'S certificate mentioning residence

11. Domicile certificate with communocation address and photograph

L' . Central/State Government rerllfled Address proof.

Please note that expired passport cannot be used as address proof, It can be accepted as ID proof.

c. Cancelled original signed cheque whICh has the name printed of account holder or original Bank statement

Issued an.1 attested by bank for th .. proof of Bank Account Number.

d. Photo COpy of PAN Card.

Page 5: ~- J'tl,AA. v~ Office: Bhabat Road, Nea r Peer Baba,Opposite Tennis Academy,Zirakpur Tehsil Derabassi,Distt. Mohali 140603 Registered Office: Bhbhat, Zirakpur Tehsil Derabassi,Distt

', .

• '"here is no charge for r~gistration as a Direct Seller. After scrutiny of the application form and documents and then ~he acceptance of applicant as Direct Seller, a Uniqup!Track ID NUrl"ber will be given on website. After receiving the

10 Number, the Direct Seller has to obtam the ID card by login their person-al information on Website. One Direct

Seller can sponsor as many person as he/<he desire. Sponsor who i~ not Direct Seller can sponsor single new person but henefit privileges will be given only after becoming Direct Seiter

~alculation of Sales Incentive:-

Sales Incentive is calculated on a fixed percentage of business volume of the Product purchase made by direct sellers and their groups on weekly basis .AII the business volume (BVI and point volume (PV) are accumulated from sale of products in the Downlines. Weekly payout will be calculated on matched BV!PV. You will get 5% of total matched BV!PV weekly. Percentage can be upgraded to 8% and 15% of total matching PV!BV by purchasing 1500 BV and 3000 BV. This is totally dependent on your team weekly performance.

Team Infinitv Bonus:-

Tpa'll infinity bonus is (akulated from the payouts of direct Downlines. For example your direct sponsored direct ~ellers will your]" level. Your direct sponsored direct seller will sponsor their dir('ct seller s under them that will be counted as your 2"· level .your 2" level direct sellers sponsored new direct sellers will be your 3" level as so on. This will bp infinity level. to be eligible to team infinity bonus you should be qualified as silver direct seller. Suppose your 1" level direct sellers have different payouts as follows assumed that your 1" level has 5 direct sellers and total Income generated by them is 11ac you will get 5% of the total incom(' i.e 100000·5=5000. Rs 5000 will be calculated as team infinity bonus Whcn you will qualify as gold direct scllpr YOIl will p.Pt infinity bonus from 2nd level direct ~eller's income. This ralc'Jlation will is go on to the infinity levpl

MONTHLY ROYALTY

Monthly royalty is calculated on the total turnover of the company. Minimum qualification of monthly

Royalty is silver direct seller. Monthly royalty is given to the active direct sellers starting from Silver Direct

sellers. When you qualify for the Gold level you will get the royalty for Silver and Gold direct sellers. you can

take all levels monthly Royalty from the company Turnover .minimum monthly sales is required to qualify for

the Monthly Royalty.

Example: suppose you are qualif ied silver distributor for the current month. Total turnover of the company is

1000000.

Sales turnover of BV!PV

Monthly Royalty=------------------------------

No of royalty achievers

YEARLY ROYALTY

YEARLY Royalty is calculated on company yearly turnover of the company BV!PV. Company calculates the yearly

turnover PV!BV. There are minimum qualification criteria to be eligible to the Yearly Royalty on company turnover.

Yearly Sales turnover of BV!PV

Yea rI Y Royal ty= ----------------------------------------------------

NO of yea rly Royalty achievers